Antonio Villeda and Antonio Villeda Law Group v. Rene Angel Hernandez

• Court: Court of Appeals of Texas
• Decided: March 6, 2025
• Docket: 13-25-00047-CV
• Status: Published

Opinion

NUMBER 13-25-00047-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ANTONIO VILLEDA AND ANTONIO VILLEDA LAW GROUP, Appellants,

v.

RENE ANGEL HERNANDEZ, Appellee.

ON APPEAL FROM THE PROBATE COURT OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Tijerina and Justices West and Cron Memorandum Opinion by Chief Justice Tijerina

This cause is before the Court on appellants’ motion to dismiss this appeal. This

Court severed appellants’ attempted appeal of the “Plea in the Abatement, Motion to Stay

Proceedings, and in the Alternative for Continuance” from cause number 13-25-00040-

CV into cause number 13-25-00047-CV. On February 4, 2025, the Clerk of the Court informed appellants that said appeal was not an appealable order and that the appeal

was subject to dismissal if the defect was not cured within ten days. Appellants did not

cure the defect, and there is no final appealable order currently before the Court.

Appellants then filed this motion to dismiss. Appellee did not file a response. We

hereby grant appellants’ motion to dismiss this appeal, and we dismiss the appeal. See

TEX. R. APP. P. 42.3(a). Costs will be taxed against appellants. See id. R. 42.1(d) (“Absent

agreement of the parties, the court will tax costs against the appellant.”). Accordingly, this

appeal is hereby dismissed. 1 See id. 42.3. Having dismissed the appeal pursuant to

appeallants’ request, no motion for rehearing will be entertained.

JAIME TIJERINA Chief Justice

Delivered and filed on the 6th day of March, 2025.

1 We deny appellants’ pending emergency motion to stay the trial court proceedings as moot.