Brandi Renee Day D/B/A Designer Secrets v. Larry Smith and Diana Smith

Court of Appeals of Texas·Decided July 31, 2014·No. 13-13-00240-CV·Published

Opinion

NUMBER 13-13-00240-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

BRANDI RENEE DAY D/B/A DESIGNER SECRETS, Appellants,

v.

LARRY SMITH AND DIANA SMITH, Appellees. ____________________________________________________________

On appeal from the County Court at Law No. 7 of Hidalgo County, Texas. ____________________________________________________________

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

This appeal was abated by this Court on March 14, 2014. This cause is now

before the Court on a joint motion to dismiss with prejudice on grounds the parties have

settled this matter and no longer wish to pursue this appeal. The parties request that this Court dismiss this case with prejudice. Accordingly, this case is hereby

REINSTATED.

The Court, having considered the documents on file and the joint motion to dismiss

with prejudice, is of the opinion that the motion should be granted. See TEX. R. APP. P.

42.1(a). The joint motion to dismiss is GRANTED, and the appeal is hereby DISMISSED

WITH PREJUDICE. 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 the parties request, no motion for rehearing will be

entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 31st day of July, 2014.

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