NUMBER 13-06-339-CV

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SEVERO OCHOA, JR., Appellant,

THE CITY OF McALLEN, TEXAS, ET AL., Appellees.

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Memorandum Opinion Per Curiam

Appellant, SEVERO OCHOA, JR., perfected an appeal from a judgment entered by the 92nd District Court of Hidalgo County, Texas, in cause number C-2809-05-A. After the record was filed, appellees filed an unopposed motion to dismiss the appeal. In the motion, appellees state that this case has been settled and, as part of the settlement agreement, the parties agree that this appeal should be dismissed. Appellees request that this Court dismiss the appeal in accordance with the settlement agreement and that, except as otherwise negotiated, costs be assessed against the party incurring same.

The Court, having considered the documents on file and appellees' unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. Appellees' unopposed motion to dismiss is granted, and the appeal is hereby DISMISSED in accordance with the parties' settlement agreement.

PER CURIAM

Memorandum Opinion delivered and filed this

the 1st day of February, 2007.