April Sound Property Owners' Association, Inc. v. Robert Pemberton D/B/A Pemberton Steel Frame Homes

• Court: Court of Appeals of Texas
• Decided: February 23, 2023
• Docket: 13-22-00451-CV
• Status: Published

Opinion

NUMBER 13-22-00451-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

APRIL SOUND PROPERTY OWNERS’ ASSOCIATION, INC., Appellant,

v.

ROBERT PEMBERTON D/B/A PEMBERTON STEEL FRAME HOMES, Appellee. ____________________________________________________________

On appeal from the 457th District Court of Montgomery County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Silva Memorandum Opinion by Chief Justice Contreras This matter is before the Court on appellant’s amended motion to dismiss the

appeal. 1 Appellant requests the dismissal, as the controversy between the parties has

ended.

The Court, having considered the amended motion, is of the opinion that the

motion should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, appellant’s

amended motion to dismiss is granted, and the appeal is hereby dismissed. Costs will be

taxed against the appellant. See TEX. R. APP. P. 42.1(d) (“Absent agreement of the

parties, the court will tax costs against the appellant.”). Because the appeal is dismissed

at the appellant’s request, no motion for rehearing will be entertained.

DORI CONTRERAS Chief Justice

Delivered and filed on the 23rd day of February, 2023.

1 This case is before the Court on transfer from the Ninth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.