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NUMBER 13-10-00666-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
J.E. SAENZ & ASSOCIATES, INC., Appellant,
v.
AARON MUNOZ AND MUNOZ ENTERPRISES, INC., Appellees.
On Appeal from the 398th District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion Per Curiam
This appeal was abated by this Court on February 1, 2011, to allow the parties an opportunity to mediate. This cause is now before the Court on appellant=s unopposed motion to dismiss the appeal without prejudice and advisory to the Court regarding settlement. Appellant requests that this Court dismiss the appeal without prejudice. Accordingly, this case is hereby REINSTATED.
The Court, having considered the documents on file and appellant=s unopposed motion to dismiss the appeal without prejudice, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellant=s motion to dismiss is granted, and the appeal is hereby DISMISSED WITHOUT PREJUDICE. Costs will be taxed against appellant. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellant=s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
PER CURIAM
Delivered and filed the
12th day of May, 2011.