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INGRAM READYMIX, INC., Appellant,

SOUTHERN CONTRACTING, INC.,

STEVE D. CERVANTES, INDIVIDUALLY,

AND CONTINENTAL CASUALTY COMPANY, Appellees.

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Memorandum Opinion Per Curiam

Appellant, Ingram Readymix, Inc., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 03-00400-00-0-G. Appellees, Continental Casualty Company, Southern Contracting, Inc., and Steve D. Cervantes, have filed a motion to dismiss the appeal for want of jurisdiction. In its response to this motion, appellant agrees to dismiss this appeal. The Court, having considered the documents on file and appellees' motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellees' motion is granted, and the appeal is hereby DISMISSED. The costs are 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 17th day of January, 2008.