Cal-Co Grain Company, Inc., Warren Whatley, and Harold L. Evans v. Richard Whatley and Wife Glenda Whatley

• Court: Court of Appeals of Texas
• Decided: January 17, 2008
• Docket: 13-07-00440-CV
• Status: Published

Opinion

NUMBER 13-07-00440-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

________________________________________________________

CAL-CO GRAIN COMPANY, INC.,

WARREN WHATLEY, AND HAROLD L. EVANS, APPELLANTS,

v.

RICHARD WHATLEY AND

WIFE GLENDA WHATLEY, APPELLEES.

On Appeal from the County Court at Law

of Calhoun County, Texas.

_______________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

Appellants, Cal-Co Grain Co., Inc., Warren Whatley and Harold L. Evans, perfected appeal from a judgment entered by the County Court of Calhoun County, Texas, in cause number 05-CV-183. Appellants have now filed a motion to dismiss their appeal.

The Court, having considered the documents on file and appellants' motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellants' motion to dismiss is granted, and the appeal is hereby DISMISSED. The costs are taxed against appellants. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Appellees' motion for sanctions, having been previously carried with the case, is DENIED.

Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered

and filed this the 17^th day of January, 2008.