Beverly Pirkle and Stephen O. Pirkle v. U.S. Bank National Association ND D/B/A Elan Financial Services

• Court: Court of Appeals of Texas
• Decided: August 30, 2012
• Docket: 13-11-00179-CV
• Status: Published

Opinion

NUMBER 13-11-00179-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

BEVERLY PIRKLE AND STEPHEN O. PIRKLE, Appellants,

v.

U.S. BANK NATIONAL ASSOCIATION ND D/B/A ELAN FINANCIAL SERVICES, Appellee. ____________________________________________________________

On Appeal from the 2nd 25th District Court of Gonzales County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

Appellants, Beverly Pirkle and Stephen O. Pirkle, perfected an appeal from a

judgment entered by the 2nd 25th District Court of Gonzales County, Texas, in cause

number 24,180. Appellants have filed a 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’ amended

motion to dismiss the appeal, is of the opinion that the motion should be granted. See

TEX. R. APP. P. 42.1(a). Appellants’ amended 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 30th day of August, 2012.