Esteban Hurtado, Gerardo Hurtado, San Juanita Davila, and Cristela Hurtado, Individually and as Next Friend of J.L.H. III, M.A.H., and B.A.H., Minors, and Cristela Hurtado, as Administratrix of the Estate of Alma Rosa Huerta v. Maria De Jesus Gamez, Individually and as Heir of Juan Jose Gamez, and as Next Friend of J.J.G. Jr., and C.M.G., Minors, and Adrian Garcia D/B/A Magnum Force Security

Court of Appeals of Texas

Esteban Hurtado, Gerardo Hurtado, San Juanita Davila, and Cristela Hurtado, Individually and as Next Friend of J.L.H. III, M.A.H., and B.A.H., Minors, and Cristela Hurtado, as Administratrix of the Estate of Alma Rosa Huerta v. Maria De Jesus Gamez, Individually and as Heir of Juan Jose Gamez, and as Next Friend of J.J.G. Jr., and C.M.G., Minors, and Adrian Garcia D/B/A Magnum Force Security

Court of Appeals of Texas·Decided June 7, 2012·No. 13-11-00354-CV·Published

Opinion

NUMBER 13-12-00160-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

G & L PARTNERSHIP AND ALONSO IBANEZ D/B/A SHOE PALACE, Appellants,

v.

CITY OF BROWNSVILLE AND BROWNSVILLE PUBLIC UTILITIES BOARD, Appellees.

On appeal from the 138th District Court of Cameron County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellants perfected an appeal from a judgment entered by the 138th District Court of Cameron County, Texas, in cause number 2011-DCL-4240-B. Appellants have filed an amended unopposed notice of nonsuit without prejudice on grounds that they no

longer wish to prosecute this cause against appellees. Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants’ amended unopposed motion, 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 WITHOUT PREJUDICE. 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 7th day of June, 2012.

Free access — add to your briefcase to read the full text and ask questions with AI

NUMBER 13-12-00160-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

G & L PARTNERSHIP AND ALONSO IBANEZ D/B/A SHOE PALACE, Appellants,

v.

CITY OF BROWNSVILLE AND BROWNSVILLE PUBLIC UTILITIES BOARD, Appellees.

On appeal from the 138th District Court of Cameron County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellants perfected an appeal from a judgment entered by the 138th District Court of Cameron County, Texas, in cause number 2011-DCL-4240-B. Appellants have filed an amended unopposed notice of nonsuit without prejudice on grounds that they no

longer wish to prosecute this cause against appellees. Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants’ amended unopposed motion, 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 WITHOUT PREJUDICE. 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 7th day of June, 2012.

Esteban Hurtado, Gerardo Hurtado, San Juanita Davila, and Cristela Hurtado, Individually and as Next Friend of J.L.H. III, M.A.H., and B.A.H., Minors, and Cristela Hurtado, as Administratrix of the Estate of Alma Rosa Huerta v. Maria De Jesus Gamez, Individually and as Heir of Juan Jose Gamez, and as Next Friend of J.J.G. Jr., and C.M.G., Minors, and Adrian Garcia D/B/A Magnum Force Security, (Tex. Ct. App. 2012).

Pincite

Esteban Hurtado, Gerardo Hurtado, San Juanita Davila, and Cristela Hurtado, Individually and as Next Friend of J.L.H. III, M.A.H., and B.A.H., Minors, and Cristela Hurtado, as Administratrix of the Estate of Alma Rosa Huerta v. Maria De Jesus Gamez, Individually and as Heir of Juan Jose Gamez, and as Next Friend of J.J.G. Jr., and C.M.G., Minors, and Adrian Garcia D/B/A Magnum Force Security (Esteban Hurtado, Gerardo Hurtado, San Juanita Davila, and Cristela Hurtado, Individually and as Next Friend of J.L.H. III, M.A.H., and B.A.H., Minors, and Cristela Hurtado, as Administratrix of the Estate of Alma Rosa Huerta v. Maria De Jesus Gamez, Individually and as Heir of Juan Jose Gamez, and as Next Friend of J.J.G. Jr., and C.M.G., Minors, and Adrian Garcia D/B/A Magnum Force Security) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.