Bobby Kelly, Tdcj-Cid 626124 v. Ernest Guterrez, Jr.

• Court: Court of Appeals of Texas
• Decided: October 13, 2011
• Docket: 13-10-00651-CV
• Status: Published

Opinion

NUMBER 13-10-00651-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

BOBBY KELLY, TDCJ-CID #626124, Appellant,

v.

ERNEST GUTERREZ, JR., ET AL., Appellees. ____________________________________________________________

On appeal from the 343rd District Court of Bee County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Vela, and Perkes Memorandum Opinion Per Curiam

Appellant, Bobby Kelly, filed an appeal from an order entered by the 93rd District

Court of Bee County, Texas, in cause number B-09-1241-CV-C. Appellant has filed a

motion to voluntarily dismiss the appeal on grounds he no longer wants to prosecute the

appeal. Appellant requests that this Court dismiss the appeal. 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 13thday of October, 2011.