Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00516-CV Kyle KELLAR, Appellant v. AGGREGATE HAULERS I, AGGREGATE HAULERS I, L.P., Appellee From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-08738 Honorable Richard Price, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: January 22, 2014 DISMISSED On October 2, 2013, appellant’s motion to abate this appeal was granted for purposes of pursuing a settlement. On January 10, 2014, appellant filed a motion to dismiss this appeal, stating that the parties have settled. The motion contains a certificate of service to appellee, which has not opposed the motion. Therefore, we reinstate the appeal on the docket of this court, grant the motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Costs of the appeal are taxed against appellant. PER CURIAM