Industrial Asphalt, LLC v. Jose Santana Diaz

• Court: Court of Appeals of Texas
• Decided: May 15, 2023
• Docket: 07-23-00157-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00157-CV

INDUSTRIAL ASPHALT, LLC, APPELLANT

V.

JOSE SANTANA DIAZ, APPELLEE

On Appeal from the 345th District Court Travis County, Texas Trial Court No. D-1-GN-19-003305, Honorable Jessica Mangrum, Presiding

May 15, 2023 MEMORANDUM OPINION Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Industrial Asphalt, LLC, appeals from the trial court’s Final Judgment.1

Now pending before this Court is Appellant’s unopposed motion seeking voluntary

dismissal of the appeal. The Court finds that the motion complies with the requirements

of Rule of Appellate Procedure 42.1(a)(1) and that granting the motion will not prevent

1 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. any party from seeking relief to which it would otherwise be entitled. As no decision of

the Court has been delivered to date, we grant the motion. The appeal is dismissed.

Because the motion does not reflect an agreement of the parties concerning the payment

of costs, costs will be taxed against Appellant. See TEX. R. APP. P. 42.1(d). No motion

for rehearing will be entertained and our mandate will issue forthwith.

Per Curiam