NUMBER 13-04-091-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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CITY OF BROWNSVILLE, TEXAS,                                       Appellant,

v.

JOHN BLONDEK, ET AL.,                                                  Appellees.

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On appeal from the 404th District Court

of Cameron County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

         Appellant, CITY OF BROWNSVILLE, TEXAS, perfected an appeal from an order entered by the 404th District Court of Cameron County, Texas, in cause number 2002-07-2870-G. After the record and briefs were filed, appellant filed a motion to dismiss the appeal. In the motion, appellant states that the parties to this appeal have reached a mutual settlement of this matter and a dismissal is being filed in the underlying district court. Appellant states that it no longer wishes to prosecute this appeal and 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. Appellant’s motion to dismiss is granted, and the appeal is hereby DISMISSED.

                                                               PER CURIAM

Memorandum Opinion delivered and filed this

the 24^th day of March, 2005.