Jason Gutierrez D/B/A One Stop Construction v. J & S Lagoons RV, LLC

• Court: Court of Appeals of Texas
• Decided: March 6, 2025
• Docket: 13-25-00008-CV
• Status: Published

Opinion

NUMBER 13-25-00008-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

JASON GUTIERREZ D/B/A ONE STOP CONSTRUCTION, Appellant,

v.

J & S LAGOONS RV, LLC, Appellee.

ON APPEAL FROM THE 156TH DISTRICT COURT OF ARANSAS COUNTY, TEXAS

MEMORANDUM OPINION Before Justices Silva, Peña, and Cron Memorandum Opinion by Justice Peña

This matter is before the Court on appellant’s motion of non-suit without prejudice.

Appellant’s unopposed motion of non-suit is construed by this Court as a motion to

dismiss the appeal. Having considered the motion, we are of the opinion that the appeal shall be

dismissed pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). See TEX. R. APP. P.

42.1(a)(1). Therefore, appellant’s motion is granted, and the appeal is hereby dismissed.

The costs are taxed against the appellant. See id. R. 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.

L. ARON PEÑA JR. Justice

Delivered and filed on the 6th day of March, 2025.