Estate of Ronald Layne Mitchell

• Court: Court of Appeals of Texas
• Decided: July 14, 2011
• Docket: 13-11-00241-CV
• Status: Published

Opinion

                                       NUMBER 13-11-00241-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

ESTATE OF RONALD LAYNE MITCHELL, DECEASED

                    On Appeal from the County Court at Law No. 1

                                       of Nueces County, Texas.

                               MEMORANDUM OPINION

             Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

This appeal was abated by this Court on May 23, 2011, and the parties were ordered to mediation.  This cause is now before the Court on appellants’ unopposed motion to dismiss the appeal with prejudice on grounds that the parties have settled and compromised all claims and controversies existing between them in this cause.  Appellants request that this Court dismiss the appeal.  Accordingly, this case is hereby REINSTATED.

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.  Any pending motions are dismissed as moot.

PER CURIAM

Delivered and filed the

14th day of July, 2011.