Bishop Consolidated Independent School District v. Cynthia Nava, Individually and as Next Friend of Demi Nava, a Minor

• Court: Court of Appeals of Texas
• Decided: February 10, 2011
• Docket: 13-10-00587-CV
• Status: Published

Opinion

NUMBER 13-10-00587-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

BISHOP CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, Appellant,

v.

CYNTHIA NAVA, INDIVIDUALLY AND AS NEXT FRIEND OF DEMI NAVA, A MINOR, Appellee.

On Appeal from the 17th District Court of Nueces County, Texas.

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Perkes Memorandum Opinion Per Curiam

This appeal was abated by this Court on November 18, 2010, to allow the parties

the opportunity to engage in mediation. This cause is now before the Court on

appellant=s motion to dismiss the appeal on grounds that all matters in controversy between the parties have been resolved to the mutual satisfaction of all parties.

Appellant requests that this Court dismiss the appeal. Accordingly, this case is hereby

REINSTATED.

The Court, having considered the documents on file and appellant=s motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a). Appellant=s motion to dismiss is granted, and the appeal is hereby

DISMISSED. Costs will be taxed against appellant. 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 appellant=s request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 10th day of February, 2011.