Opinion
No. 13-08-00469-CV
Opinion delivered and filed May 14, 2009.
On appeal from the 94th District Court of Nueces County, Texas.
Before Justices YAÑEZ, RODRIGUEZ, and BENAVIDES.
MEMORANDUM OPINION
Appellant perfected an appeal from a judgment entered by the 94th District Court of Nueces County, Texas, in cause number 06-5422-C. Appellant has filed a motion to dismiss the appeal which is agreed to by appellee. 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). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.