Desilu Properties, LLC v. Garco Supply Company D/B/A Builders Lumber Company

• Court: Court of Appeals of Texas
• Decided: April 3, 2025
• Docket: 13-25-00070-CV
• Status: Published

Opinion

NUMBER 13-25-00070-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

DESILU PROPERTIES, LLC, Appellant,

v.

GARCO SUPPLY COMPANY D/B/A BUILDERS LUMBER COMPANY, Appellee.

ON APPEAL FROM THE 78TH DISTRICT COURT OF WICHITA COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Tijerina and Justices West and Cron Memorandum Opinion by Justice West This matter is before the Court on appellant’s unopposed amended motion to

dismiss appeal. 1 The parties have settled their dispute, and pursuant to the terms of the 0F

parties’ settlement agreement, the appellant now requests that this appeal be dismissed.

1 This case is before the Court on transfer from the Second Court of Appeals pursuant to a docket

equalization order issued by the Supreme Court of Texas. See Tex. Gov’t Code Ann. § 73.001. The Court, having considered appellant’s unopposed amended motion, is of the

opinion that the unopposed amended motion should be granted. See TEX. R. APP. P.

42.1(a)(1). Therefore, appellant’s unopposed amended motion to dismiss is granted, and

the appeal is hereby dismissed.

The costs are taxed against the appellant. See id. R. 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.

JON WEST Justice

Delivered and filed on the 3rd day of April, 2025.