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MEMORANDUM OPINION

No. 04-07-00782-CV SEA WOLF MARINE TOWING, INC., Sea Wolf Marine Towing & Transportation, Inc., and Sea Wolf Marine Transportation, L.L.C., Appellants v. Roberto G. DIAZ, Appellee From the 229th Judicial District Court, Starr County, Texas Trial Court No. DC-06-292 Honorable Alex William Gabert, Judge Presiding PER CURIAM Sitting: Catherine Stone, Justice Karen Angelini, Justice Steven C. Hilbig, Justice Delivered and Filed: October 29, 2008 JOINT MOTION TO DISMISS GRANTED; DISMISSED On April 3, 2008, we abated this appeal and removed it from the court’s active docket pursuant to an order of the United States District Court for the district of New Jersey staying all proceedings. The parties have advised the court that the federal court limitation action has been dismissed. Accordingly, we reinstate the appeal on the docket of this court.

04-07-00782-CV The parties have filed a joint motion to dismiss the appeal. We grant the motion. See TEX .

R. APP . P. 42.1(a)(2). The appeal is dismissed and costs of the appeal are taxed against the party who incurred them.

PER CURIAM

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