ESTATE OF RONALD LAYNE MITCHELL, DECEASED--Appeal from County Court at Law No 1 of Nueces County

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NUMBER 13-11-00241-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ ESTATE OF RONALD LAYNE MITCHELL, DECEASED ____________________________________________________________ On Appeal from the County Court at Law No. 1 of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam This appeal was abated by this Court on May 23, 2011, and the parties were ordered to mediation. This cause is now before the Court on appellants unopposed motion to dismiss the appeal with prejudice on grounds that the parties have settled and compromised all claims and controversies existing between them in this cause. Appellants request that this Court dismiss the appeal. Accordingly, this case is hereby REINSTATED. The Court, having considered the documents on file and appellants unopposed 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) ("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. Any pending motions are dismissed as moot. PER CURIAM Delivered and filed the 14th day of July, 2011. 2

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