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GREENGATE GROVE PROPERTY OWNERS'

ASSOCIATION, D/B/A SCOA, AND GILL KARR,

AS DIRECTOR OF GREENGATE GROVE

PROPERTY OWNERS' ASSOCIATION, Appellants,

JURGEN SCHMELING, ET AL., Appellees.

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Memorandum Opinion Per Curiam

Appellants, Greengate Grove Property Owners' Association, d/b/a Scoa, and Gill Karr, as Director of Greengate Grove Property Owners' Association, perfected an appeal from a judgment entered by the 206th District Court of Hidalgo County, Texas, in cause number C-564-02-D. Appellants have filed an unopposed motion to dismiss the appeal on grounds that the parties have reached an agreement to settle and compromise their differences. Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants' unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellants' motion to dismiss is granted, and the appeal is hereby DISMISSED. Pursuant to the motion to dismiss, costs will be taxed against the party incurring the same. 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 appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered

and filed this the 10th day of July, 2008.