Billy Lopez and Marisa Lopez v. Berry Contracting, L.P. D/B/A Bay Ltd.

• Court: Court of Appeals of Texas
• Decided: May 30, 2024
• Docket: 13-24-00239-CV
• Status: Published

Opinion

NUMBER 13-24-00239-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

BILLY LOPEZ AND MARISA LOPEZ, Appellants,

v.

BERRY CONTRACTING, L.P. D/B/A BAY LTD., Appellee.

ON APPEAL FROM THE 214TH DISTRICT COURT OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Peña Memorandum Opinion by Justice Peña

This matter is before the Court on appellants’ first amended voluntary motion to

dismiss appeal. Appellants’ amended motion to dismiss is voluntary and unopposed.

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

the motion should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, appellants’ first amended motion to dismiss is granted, and the appeal is hereby dismissed. Costs will be

taxed against the appellants, as there is no clear agreement between the parties

regarding costs and as indicated in the motion. See id. R. 42.1(d) (“Absent agreement of

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

dismissed at appellants’ request, no motion for rehearing will be entertained.

L. ARON PEÑA JR. Justice

Delivered and filed on the 30th day of May, 2024.