SHINER MOSELEY AND ASSOCIATES, INC. AND HDR ENGINEERING, INC. v. W.O.H. ENTERPRISES, L.L.C.--Appeal from County Court at Law No 3 of Nueces County

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NUMBER 13-09-00697-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ SHINER MOSELEY AND ASSOCIATES, INC. AND HDR ENGINEERING, INC., Appellants, v. W.O.H. ENTERPRISES, L.L.C., Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 3 of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Benavides and Vela Memorandum Opinion Per Curiam Appellants, Shiner Moseley and Associates, Inc. and HDR Engineering, Inc., perfected an appeal from a judgment entered by the County Court at Law No. 3 of Nueces County, Texas, in cause number 08-62284-3. Appellants have filed an agreed motion to dismiss the appeal with prejudice on grounds that the parties have reached an agreement to settle and compromise their differences. Appellants request that this Court dismiss the appeal with prejudice. The Court, having considered the documents on file and appellants agreed 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 WITH PREJUDICE. 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 appellants request, no motion for rehearing will be entertained, and our mandate will issue forthwith. PER CURIAM Delivered and filed the 13th day of May, 2010. 2

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