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HI-TECH IRRIGATION, INC., Appellant,

GENE MITTAG, Appellee.

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Memorandum Opinion Per Curiam

Appellant, Hi-Tech Irrigation, Inc., perfected an appeal from a judgment entered by the County Court at Law No. 5 of Hidalgo County, Texas, in cause number CL-04,2921-E. Appellant has filed a motion to dismiss the appeal on grounds that the trial court has granted appellant's motion for a new trial. Appellant 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. See Tex. R. App. P. 42.1(a). Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED. Costs will be taxed against appellant. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and

filed this the 11th day of December, 2008.