*154ON MOTION

ORDER

Tequila Cuervo La Rojena states that it is withdrawing its application with the consent of Martell & Co. and that this renders appeal no. 2009-1431 moot. The court treats the submission as an unopposed motion to dismiss the appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.