Airgas, Inc. and Neil Prescott v. Manuel and Lydia Elizondo

Opinion

NUMBER 13-08-00158-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

AIRGAS, INC. AND NEIL PRESCOTT, Appellants,

v.

MANUEL AND LYDIA ELIZONDO, Appellees. ____________________________________________________________

On appeal from the County Court at Law No. 1 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Yañez , Rodriguez, and Garza Memorandum Opinion Per Curiam

Appellants perfected an appeal from a judgment entered by the County Court at

Law No. 1 of Nueces County, Texas, in cause number 07-62262-1. Appellants have

filed an unopposed motion to dismiss the appeal on grounds that the underlying issues

were resolved by agreement. Appellants request that this Court dismiss the appeal. 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. Costs will be taxed against appellants. 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 6th day of May, 2010.