James P. Diamond v. Gabriel Munoz

• Court: Court of Appeals of Texas
• Decided: March 21, 2024
• Docket: 13-22-00069-CV
• Status: Published

Opinion

NUMBER 13-22-00069-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

JAMES P. DIAMOND, Appellant,

v.

GABRIEL MUNOZ, Appellee.

On appeal from the 275th District Court of Hidalgo County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Peña Memorandum Opinion by Justice Peña

We previously granted appellant’s unopposed motion to abate this appeal pending

settlement negotiations. The parties have now filed a joint motion to dismiss this appeal.

The parties request dismissal stating that they have negotiated a settlement. The Court, having considered the parties’ joint motion, is of the opinion that the

motion should be granted. See TEX. R. APP. P. 42.1(a)(2)(A) (allowing the Court to “render

judgment effectuating the parties’ agreement”). Accordingly, we reinstate the appeal,

grant the parties’ joint motion to dismiss, and dismiss the appeal. In accordance with the

joint motion, each party will bear its own costs and attorney fees. See id. R. 42.1(d).

Because the appeal is dismissed at both parties’ request, no motion for rehearing will be

entertained.

L. ARON PEÑA JR. Justice

Delivered and filed on the 21st day of March, 2024.