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CARL FRANCIS BADALICH AND

CARL F. BADALICH & ASSOCIATES, Appellants,

AMERICAN FIDELITY & LIBERTY

INSURANCE COMPANY, Appellee.

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Memorandum Opinion Per Curiam

Appellants perfected an appeal from a judgment entered by the 148th District Court of Nueces County, Texas, in cause number 04-7211-E. Appellants have filed an unopposed motion to dismiss the appeal on grounds that the appellants no longer wish to pursue this appeal. Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants' unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellants' 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 appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the

11th day of February, 2010.