Jds Construction Co., Inc. and Great American Insurance Company v. Border States Electric Supply of Texas, Inc.

• Court: Court of Appeals of Texas
• Decided: April 21, 2011
• Docket: 13-11-00098-CV
• Status: Published

Opinion

NUMBER 13-11-00098-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JDS CONSTRUCTION CO., INC. AND GREAT AMERICAN INSURANCE COMPANY, Appellants,

v.

BORDER STATES ELECTRIC SUPPLY OF TEXAS, INC., Appellee. ____________________________________________________________

On appeal from the 445th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion Per Curiam

Appellants, JDS Construction Company, Inc. and Great American Insurance

Company, filed an appeal from a judgment entered by the 445th District Court of

Cameron County, Texas, in cause number 2009-01-0182-I. Appellants have filed a

motion to dismiss the appeal on grounds that the parties have reached an agreement to settle and compromise their differences. Appellants request that this Court dismiss the

appeal.

The Court, having considered the documents on file and appellants’ motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a). Appellants= motion to dismiss is granted, and the appeal is hereby

DISMISSED. Costs will be taxed against appellants. See TEX. R. APP. P. 42.1(d)

("Absent agreement of the parties, the court will tax costs against the appellant.").

Having dismissed the appeal at appellants= request, no motion for rehearing will be

entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 21st day of April, 2011.