Heritage Construction Co., LLC v. Mary Wynelle Petty by and Through Teresa Lynn Woodrum, Independent of the Estate of Mary Wynelle Petty

• Court: Court of Appeals of Texas
• Decided: August 15, 2024
• Docket: 13-24-00332-CV
• Status: Published

Opinion

NUMBER 13-24-00332-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

HERITAGE CONSTRUCTION CO., LLC, Appellant,

v.

MARY WYNELLE PETTY, BY AND THROUGH TERESA LYNN WOODRUM, INDEPENDENT EXECUTRIX OF THE ESTATE OF MARY WYNELLE PETTY, Appellee.

ON APPEAL FROM THE 343RD DISTRICT COURT OF SAN PATRICIO COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Benavides, Longoria, and Silva Memorandum Opinion by Justice Longoria

This matter is before the Court on appellant’s motion to dismiss appeal. Appellant

no longer wishes to pursue this appeal and asks that costs be assessed against the party

incurring them. The Court, having considered appellant’s motion, is of the opinion that the motion

should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, appellant’s motion to

dismiss is granted, and the appeal is hereby dismissed. Costs will be taxed against the

party incurring the same. See id. R. 42.1(d). Because the appeal is dismissed at

appellant’s request, no motion for rehearing will be entertained.

NORA L. LONGORIA Justice

Delivered and filed on the 15th day of August, 2024.