NUMBER 13-11-00098-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

JDS CONSTRUCTION CO., INC. AND

GREAT AMERICAN INSURANCE COMPANY,                      Appellants,

                                                             v.

BORDER STATES ELECTRIC SUPPLY OF TEXAS, INC.,      Appellee.

____________________________________________________________

                           On appeal from the 445th District Court

                                      of Cameron County, Texas.

____________________________________________________________

                               MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Benavides

Memorandum Opinion Per Curiam

Appellants, JDS Construction Company, Inc. and Great American Insurance Company, filed an appeal from a judgment entered by the 445th District Court of Cameron County, Texas, in cause number 2009-01-0182-I.  Appellants have filed a motion to dismiss the appeal on grounds that the parties have reached an agreement to settle and compromise their differences.  Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants’ 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.  Costs will be taxed against appellants. 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

21st day of April, 2011.