NUMBER 13-08-00671-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ________________________________________________________ RICHARD ALLEN KREST, Appellant, v. MILDRED RENEE KREST, Appellee. ________________________________________________________ On appeal from the 94th District Court of Nueces County, Texas. ________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam Appellant, Richard Allen Krest, perfected an appeal from a judgment entered by the 94th District Court of Nueces County, Texas, in cause number 07-6611-C. Appellant has filed a motion to dismiss the appeal on grounds that the parties have reached a mediated settlement agreement. 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 5th day of March, 2009.