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LISA DE MONTAIGU, TRUSTEE OF THAT CERTAIN

TRUST DATED DECEMBER 29, 1986, BY NOBLE

GINTHER AND MINNIE GINTHER, AND ADVENT TRUST

COMPANY, AS INDEPENDENT EXECUTOR OF THE ESTATE

OF NOBLE C. GINTHER, DECEASED, Appellant,

AKIN, GUMP, HAUER & FELD, L.L.P., NOW KNOWN

AS AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.,

AND DAVID W. NELSON, Appellees.

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Opinion Per Curiam

Appellant, LISA DE MONTAIGU, TRUSTEE OF THAT CERTAIN TRUST DATED DECEMBER 29, 1986, BY NOBLE GINTHER AND MINNIE GINTHER, AND ADVENT TRUST COMPANY, AS INDEPENDENT EXECUTOR OF THE ESTATE OF NOBLE C. GINTHER, DECEASED, perfected an appeal from a judgment entered by the 117th District Court of Nueces County, Texas, in cause number 94-0048-B. After the record was filed, appellant filed an unopposed motion to dismiss the appeal. In the motion, appellant states that appellant no longer wishes to prosecute this appeal. Appellant further states that the parties have reached an agreement regarding costs. Appellant requests that this Court dismiss the appeal and tax costs in accordance with the parties' agreement.

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. Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED. It is ORDERED that one-half of the appellees' trial court costs, $19,532.89, are adjudged against appellant. It is further ORDERED that costs of the appeal are taxed against appellant.

PER CURIAM

Opinion delivered and filed this

the 28th day of August, 2003.