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INGRAM READYMIX, INC. AND SOUTHERN

CONTRACTING, INC. , Appellants,

BENNETT, MARTIN, SOLKA AND TORNO, INC.,

GOVIND & ASSOCIATES, INC., AND

W.R. GRACE & CO.-CONN., 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 08-6125-G. Appellant has filed an unopposed motion to dismiss the appeal on grounds that the remaining parties to this appeal have resolved their disputes. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant's unopposed 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 unopposed 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 13th day of August, 2009.