Daniel Timms v. J & C Adventures, Inc., D/B/A All Seasons Pools, Spas and Patio

• Court: Court of Appeals of Texas
• Decided: June 26, 2008
• Docket: 13-08-00017-CV
• Status: Published

Opinion

NUMBER 13-08-000017-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

DANIEL TIMMS, Appellant,

v.

J & C ADVENTURES, INC. D/B/A ALL SEASONS POOLS, SPAS, AND PATIOS, Appellee.

_____________________________________________________________

On appeal from the 172nd District Court of Jefferson County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Vela Memorandum Opinion Per Curiam

Appellant, Daniel Timms, perfected an appeal from a judgment entered by the

172nd District Court of Jefferson County, Texas, in cause number E-175,341. Appellant

has filed an unopposed motion to dismiss the appeal on grounds that he no longer desires

to pursue his right to appeal. The Court, having considered the documents on file and appellant’s unopposed

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

Memorandum Opinion delivered and filed this the 26th day of June, 2008.