Carl Francis Badalich and Carl F. Badalich & Associates v. American Fidelity & Liberty Insurance Company

Opinion

NUMBER 13-09-00144-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

CARL FRANCIS BADALICH AND CARL F. BADALICH & ASSOCIATES, Appellants,

v.

AMERICAN FIDELITY & LIBERTY INSURANCE COMPANY, Appellee. _____________________________________________________________

On Appeal from the 148th District Court of Nueces County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Vela Memorandum Opinion Per Curiam

Appellants perfected an appeal from a judgment entered by the 148th District Court

of Nueces County, Texas, in cause number 04-7211-E. Appellants have filed an unopposed motion to dismiss the appeal on grounds that the appellants no longer wish to

pursue this appeal. Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants’ unopposed

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. In accordance with the agreement of the parties, costs are taxed against the

party incurring same. 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 appellants’

request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 11th day of February, 2010.