J.E. Saenz & Associates, Inc. v. Aaron Munoz and Munoz Enterprises, Inc.

• Court: Court of Appeals of Texas
• Decided: May 12, 2011
• Docket: 13-10-00666-CV
• Status: Published

Opinion

NUMBER 13-10-00666-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

J.E. SAENZ & ASSOCIATES, INC., Appellant,

v.

AARON MUNOZ AND MUNOZ ENTERPRISES, INC., Appellees.

On Appeal from the 398th District Court of Hidalgo County, Texas.

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

This appeal was abated by this Court on February 1, 2011, to allow the parties an

opportunity to mediate. This cause is now before the Court on appellant=s unopposed

motion to dismiss the appeal without prejudice and advisory to the Court regarding

settlement. Appellant requests that this Court dismiss the appeal without prejudice.

Accordingly, this case is hereby REINSTATED. The Court, having considered the documents on file and appellant=s unopposed

motion to dismiss the appeal without prejudice, is of the opinion that the motion should be

granted. See TEX. R. APP. P. 42.1(a). Appellant=s motion to dismiss is granted, and the

appeal is hereby DISMISSED WITHOUT PREJUDICE. Costs will be taxed against

appellant. 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 appellant=s request,

no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 12th day of May, 2011.