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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 perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 07-05189-00-0. Appellant has filed an unopposed motion to dismiss the appeal. 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 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. Any pending motions are denied as moot.

PER CURIAM

Memorandum Opinion delivered and

filed this the 6th day of August, 2009.