Opinion
No. 13-08-00377-CV
Opinion delivered and Filed October 9, 2008.
On appeal from the 23rd District Court of Matagorda County, Texas.
Before Chief Justice VALDEZ, Justices YAÑEZ, and VELA.
MEMORANDUM OPINION
Appellant, Bob Maxcey, M.D. and Michael G. Neret, M.D., perfected an appeal from a judgment entered by the 23th District Court of Matagorda County, Texas, in cause number 07-H-0475-C. Appellant, Bob Maxcey, M.D., has filed a motion to dismiss his appeal, on grounds that the parties have reached an agreement to settle and compromise their differences. Appellant, Michael G. Neret, M.D., has also filed a motion to dismiss his appeal.
The Court, having considered the documents on file and appellants' motions to dismiss the appeal, is of the opinion that the motions should be granted. See TEX. R. APP. P. 42.1(a). Both appellants' motions to dismiss are 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.