COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

CEMEX CONSTRUCTION § MATERIALS PACIFIC, L.L.C., § Appellant, § v. No. 08-19-00161-CV § CHRISTINE BORREGO, as Executor of Appeal from the the Estate and Statutory Death Beneficiary § of JOHNNY BORREGO, MELISSA 327th District Court RUIZ, Individually, ROBBEN LEE § BETANCOURT, as Executor of the Estate of El Paso County, Texas and Statutory Death Beneficiary of § RUBEN BENTACOURT RAMIREZ, and (TC# 2017DCV1047) JOSE GABINO GARCIA and § HUMBERTO MUELA, both individually, CARMEN S. GARCIA, as Executor/Legal § Representative and Statutory Death Beneficiary of RIGOBERTO GOMEZ § AKA IVAN GUERRERO, § Appellees.

JUDGMENT The Court has considered this cause on the joint motion to dismiss and concludes the motion should be granted and the appeal should be dismissed, in accordance with the opinion of this Court. We therefore dismiss the appeal. Costs are taxed against the parties incurring same.

This decision shall be certified below for observance.

IT IS SO ORDERED THIS 27TH DAY OF SEPTEMBER, 2019.

YVONNE T. RODRIGUEZ, Justice Before Rodriguez, J., Palafox, J., and Barajas, Senior Judge Barajas, Senior Judge (Sitting by Assignment)