Ewing Construction, Co., Inc. v. World Environmental, LLC and Michael Ishee

• Court: Court of Appeals of Texas
• Decided: December 13, 2012
• Docket: 13-12-00418-CV
• Status: Published

Opinion

NUMBER 13-12-00418-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

EWING CONSTRUCTION, CO., INC., APPELLANT,

v.

WORLD ENVIRONMENTAL, LLC AND MICHAEL ISHEE, APPELLEES. ____________________________________________________________

On Appeal from the 117th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Perkes Memorandum Opinion Per Curiam

Appellant perfected an appeal from a judgment entered by the 117th District Court

of Nueces County, Texas, in cause number 2011-DCV-3529-B. Appellant has filed an

unopposed motion to dismiss the appeal on grounds that the parties have reached a

settlement. Appellant requests that this Court dismiss the 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

Delivered and filed the 13th day of December, 2012.