NUMBER 13-13-00352-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ TEXAS DESCON, L.P., Appellant, v. SOUTH TEXAS INDEPENDENT SCHOOL DISTRICT, Appellee. ____________________________________________________________ On appeal from the 389th District Court of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Benavides, Perkes, and Longoria Memorandum Opinion Per Curiam Appellant, Texas Descon, L.P., perfected an appeal from an order entered by the 389th District Court of Hidalgo County, Texas, in cause number C-0352-13-H. Appellee has filed an unopposed motion to dismiss the appeal on grounds that the issues on appeal are no longer in controversy because appellee has nonsuited all of its counterclaims and the appeal is now moot.

The Court, having considered the documents on file and appellee’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). Appellee’s 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.").

PER CURIAM Delivered and filed the 10th day of October, 2013.