Opinion
No. 13-09-00561-CV
Opinion delivered and filed November 19, 2009.
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
Appellant, Southland Fab Offshore, Inc., perfected an appeal from a judgment entered by the County Court at Law No. 1 of Nueces County, Texas, in cause number 06-62477-1. Appellant has filed a motion to dismiss the appeal on grounds that the parties have reached a settlement and the appellant no longer wishes to prosecute the appeal. Appellant requests that this Court dismiss the appeal.
The Court, having considered the documents on file and appellant's motion to dismiss the appeal, 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. 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.