Opinion
No. 13-08-00742-CV
Opinion delivered and filed March 26, 2009.
On appeal from the 28th District Court of Nueces County, Texas.
Before Chief Justice VALDEZ and Justices GARZA and VELA.
MEMORANDUM OPINION
Appellant, Bethany Jolynn Fry, perfected an appeal from a judgment entered by the 28th District Court of Nueces County, Texas, in cause number 08-1754-A. Appellant has filed a motion to dismiss the appeal on grounds that the parties have resolved their differences. 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. 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 appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.