                             NUMBER 13-09-00118-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

LEXINGTON INSURANCE COMPANY,                                              Appellant,

                                          v.

PENN OCTANE CORPORATION, ET AL.,                   Appellees.
____________________________________________________________

             On appeal from the 138th District Court
                  of Cameron County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
    Before Chief Justice Valdez and Justices Rodriguez and Garza
                  Memorandum Opinion Per Curiam

      Appellant, Lexington Insurance Company, perfected an appeal from a judgment

entered by the 138th District Court of Cameron County, Texas, in cause number

2008-01-0343-B. The parties have filed a joint motion to dismiss the appeal on grounds

the parties have entered into a settlement. The parties request that this Court dismiss

the appeal with prejudice.
      The Court, having considered the documents on file and the parties’ joint motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a). The joint motion to dismiss is granted, and the appeal is hereby DISMISSED

WITH PREJUDICE. The parties have further asked that we assess no costs against

either party. We assume they mean that costs are to be taxed to the party incurring

same, as no party is indigent. See id. at 43.4 (judgment for costs in civil cases). The

request is granted. Having dismissed the appeal at the parties’ request, no motion for

rehearing will be entertained, and our mandate will issue forthwith.

                                                PER CURIAM

Delivered and filed the
8th day of July, 2010.




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