NUMBER 13-08-00663-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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SAN BENITO ECONOMIC DEVELOPMENT

CORPORATION,                                                                           Appellant,

v.

CHRISTOPHER HAMBY AND H20

CONSTRUCTION, INC.,                                                              Appellees.

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On appeal from the 103rd District Court

of Cameron County, Texas.

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MEMORANDUM OPINION

Before Justices Yañez, Benavides and Vela Memorandum Opinion Per Curiam

          Appellant, San Benito Economic Development Corporation, perfected an appeal from a judgment entered by the 103rd District Court of Cameron County, Texas, in cause number 2007-01-0026-D. The parties have filed a joint motion to dismiss with prejudice on grounds that all matters in controversy between them in this cause have been fully compromised and settled. The parties request that this Court dismiss this case with prejudice to each party re-filing the same or any part thereof.

          The Court, having considered the documents on file and the joint motion to dismiss with prejudice, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). The joint motion to dismiss is granted, and the appeal is hereby DISMISSED WITH PREJUDICE. 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 the parties’ request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

                                                                                                               PER CURIAM

Delivered and filed the

4th day of March, 2010.