Opinion
No. 13-11-00241-CV
Delivered and filed July 14, 2011.
On Appeal from the County Court at Law No. 1 of Nueces County, Texas.
Before Chief Justice VALDEZ and Justices RODRIGUEZ and GARZA.
MEMORANDUM OPINION
This appeal was abated by this Court on May 23, 2011, and the parties were ordered to mediation. This cause is now before the Court on appellants' unopposed motion to dismiss the appeal with prejudice on grounds that the parties have settled and compromised all claims and controversies existing between them in this cause. Appellants request that this Court dismiss the appeal. Accordingly, this case is hereby REINSTATED.
The Court, having considered the documents on file and appellants' unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellants' motion to dismiss is granted, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. 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 appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith. Any pending motions are dismissed as moot.