NUMBER 13-14-00495-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ PREVAIL ENERGY INCORPORATED, Appellant, v. AEGUS OIL LLC, Appellee. ____________________________________________________________ On Appeal from the 135th District Court of DeWitt County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Longoria Memorandum Opinion Per Curiam Appellant perfected an appeal from a judgment entered by the 135th District Court of DeWitt County, Texas, in cause number 11-06-21,923. Appellant has filed an unopposed motion to dismiss the appeal on grounds appellant no longer wishes to pursue this appeal. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant’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). Appellant’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."). 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 9th day of October, 2014.