John Edward Dimas v. Joe Ibarra Puente

• Court: Court of Appeals of Texas
• Decided: November 29, 2012
• Docket: 13-12-00639-CV
• Status: Published

Opinion

NUMBER 13-12-00639-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JOHN EDWARD DIMAS, Appellant,

v.

NOE IBARRA PUENTE, Appellee. ____________________________________________________________

On appeal from the 370th District Court of Hidalgo County, Texas. ____________________________________________________________

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

Appellant, John Edward Dimas, perfected an appeal from a judgment entered by

the 370th District Court of Hidalgo County, Texas, in cause number C-2649-12-G. The

parties have filed a joint motion to dismiss appeal on grounds that the parties have

reached an agreement regarding the matters at issue in this appeal. The parties request that this Court dismiss this case without prejudice to appellant’s right to contest the

validity of the temporary injunctions in any contempt proceeding.

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

without prejudice, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a). The joint motion to dismiss is granted, and the appeal is hereby dismissed

without prejudice to appellant’s right to contest the validity of the temporary injunctions in

any contempt proceeding. 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.").

The parties request immediate issuance of our mandate. See TEX. R. APP.

P.18.1(c). The motion is GRANTED. We direct the Clerk of the Court to issue the

mandate immediately.

PER CURIAM

Delivered and filed the 29th day of November, 2012.