NUMBER 13-13-00171-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ M. OLIVEIRA D.M.E., INC., Appellant, v. ABBOTT NUTRITION, DIV, ABBOTT LABORATORIES, INC., Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 1 of Cameron County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Benavides and Longoria Memorandum Opinion Per Curiam Appellant, M. Oliveria D.M.E., Inc., filed an appeal from a judgment entered by the County Court at Law No. 1 of Cameron County, Texas, in cause number 2011-CCL-1112-A. Appellant has filed a motion to dismiss the appeal on grounds the appeal is moot. Appellee has not filed a response to the motion to dismiss.

The trial court signed a judgment in favor of appellee and against appellant on December 14, 2012. The trial court subsequently granted appellant’s timely motion for new trial on March 27, 2013, while it still had plenary jurisdiction over the case. See TEX. R. CIV. P. 329b (c), (e).

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 as moot. 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 Delivered and filed the 2nd day of May, 2013.