J.E. Saenz & Associates, Inc. v. Aaron Munoz and Munoz Enterprises, Inc.

                                       NUMBER 13-10-00666-CV

COURT OF APPEALS

                      THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

J.E. SAENZ & ASSOCIATES, INC.,                                               Appellant,

                                                             v.

AARON MUNOZ AND MUNOZ ENTERPRISES, INC.,              Appellees.

                             On Appeal from the 398th District Court

                                        of Hidalgo County, Texas.

                               MEMORANDUM OPINION

         Before Chief Justice Valdez and Justices Rodriguez and Benavides

Memorandum Opinion Per Curiam

This appeal was abated by this Court on February 1, 2011, to allow the parties an opportunity to mediate.  This cause is now before the Court on appellant=s unopposed motion to dismiss the appeal without prejudice and advisory to the Court regarding settlement.  Appellant requests that this Court dismiss the appeal without prejudice.  Accordingly, this case is hereby REINSTATED.

The Court, having considered the documents on file and appellant=s unopposed motion to dismiss the appeal without prejudice, 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 WITHOUT PREJUDICE.  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.

PER CURIAM

Delivered and filed the

12th day of May, 2011.