NUMBER 13-09-00561-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ SOUTHLAND FAB & OFFSHORE, INC., Appellant, v. UNIQUE STAFF LEASING I, LTD., Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 1 of Nueces County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam Appellant, Southland Fab & Offshore, Inc., perfected an appeal from a judgment entered by the County Court at Law No. 1 of Nueces County, Texas, in cause number 06-62477-1. Appellant has filed a motion to dismiss the appeal on grounds that the parties have reached a settlement and the appellant no longer wishes to prosecute the appeal.

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 19th day of November, 2009.