UVALDO CANTU, JR. AND RUBEN M. TORRES, JR. v. FROST NATIONAL BANK--Appeal from 404th District Court of Cameron County

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NUMBERS 13-09-00412-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ UVALDO CANTU, JR. AND RUBEN M. TORRES, JR., Appellants, v. FROST NATIONAL BANK, Appellee. _____________________________________________________________ On appeal from the 404th District Court of Cameron County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam Appellants, Uvaldo Cantu, Jr. and Ruben Torres, Jr., perfected an appeal from a judgment entered by the 404th District Court of Cameron County, Texas, in cause number 2007-07-3680-G (Ed Carey Development, L.P., et. al. v. Frost National Bank appellate cause number 13-09-00081-CV). This cause is presently before the Court on an unopposed motion to partially dismiss the appeal filed by appellants, Uvaldo Cantu, Jr. and Ruben M. Torres, Jr. Appellants, Uvaldo Cantu, Jr. and Ruben M. Torres, Jr., request that this Court dismiss their appeal because they have settled their portion of the case and no longer wish to pursue the appeal. The Court, having considered the documents on file and appellants motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX . R. APP. P. 42.1(a). Appellants 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). Having dismissed the appeal at appellants request, no motion for rehearing will be entertained, and our mandate will issue forthwith. PER CURIAM Memorandum Opinion delivered and filed this 6th day of August, 2009. 2

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