In Re: 5622 Equity DE, LLC and Real Property Located at 5622 Evers Road, San Antonio v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 12, 2023
• Docket: 08-23-00059-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§

IN RE: 5622 EQUITY DE, LLC and § No. 08-23-00059-CV

REAL PROPERTY located at 5622 EVERS § AN ORIGINAL PROCEEDING

ROAD, SAN ANTONIO, TEXAS, 78238, § IN MANDAMUS

§ Relators.

MEMORANDUM OPINION

Relators, 5622 Equity DE, LLC and Real Property Located at 5622 Evers Road, San

Antonio, Texas 78238, and real party in interest, City of Leon Valley, have filed a joint motion to

dismiss this petition for writ of mandamus. See TEX. R. APP. P. 42.1(a) (governing voluntary

dismissals). The agreed motion to dismiss indicates the parties have settled the dispute underlying

this original proceeding. Further, the parties indicate in their joint dismissal motion that a

settlement agreement was reached.

We grant the parties’ joint motion to dismiss and dismiss this original proceeding. See TEX.

R. APP. P. 42.1(a). Further we deny all pending motions as moot. Court costs are taxed against

Relators. See TEX. R. APP. P. 42.1(d) (court to tax costs against appellant absent agreement of the

parties). YVONNE T. RODRIGUEZ, Chief Justice

June 12, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.