John Beaman, Individually and D/B/A the Bridges at Mission v. Constellation New Energy, Inc.

• Court: Court of Appeals of Texas
• Decided: February 2, 2012
• Docket: 13-11-00695-CV
• Status: Published

Opinion

NUMBER 13-11-00695-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JOHN BEAMAN, INDIVIDUALLY AND D/B/A THE BRIDGES AT MISSION, Appellant,

v.

CONSTELLATION NEW ENERGY, INC., Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 1 of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant, John Beaman, Individually and d/b/a The Bridges at Mission, perfected

an appeal from a judgment entered by the County Court at Law No. 1 of Hidalgo County,

Texas, in cause number CL-11-2047-A. The parties have filed an agreed motion for

voluntary dismissal of appeal on grounds that all matters in controversy between them in this cause have been fully compromised and settled. The parties request that this Court

dismiss this appeal.

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

dismiss, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a).

The agreed motion to dismiss is granted, and the appeal is hereby DISMISSED. In

accordance with the agreement of the parties, costs are taxed against the party incurring

same. 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 the parties’ request, no

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

PER CURIAM

Delivered and filed the 2nd day of February, 2012.