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SEARS, ROEBUCK AND CO., Appellant,

MOISES R. HERNANDEZ, Appellee.

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Memorandum Opinion Per Curiam

Appellant, Sears, Roebuck and Co., perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 2004-04-2318-C-B. Appellant has filed a motion to dismiss the appeal on grounds that the parties have reached an agreement to settle and compromise their differences. 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. In accordance with the agreement of the parties, costs are taxed against the party incurring 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 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 10th day of January, 2008.