La Joya Independent School District v. Bio-Tech Solutions, Inc. and Commercial Roofing Systems, Inc.

• Court: Court of Appeals of Texas
• Decided: July 26, 2012
• Docket: 13-12-00119-CV
• Status: Published

Opinion

NUMBER 13-12-00119-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

LA JOYA INDEPENDENT SCHOOL DISTRICT, Appellant,

v.

BIO-TECH SOLUTIONS, INC. AND COMMERCIAL ROOFING SYSTEMS, INC., Appellees.

On Appeal from the 275th District Court of Hidalgo County, Texas

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

Appellant, La Joya Independent School District, perfected an appeal from a

judgment entered by the 275th District Court of Hidalgo County, Texas, in cause number

1 C-2045-05-E. On March 26, 2012, the appeal was abated to allow the parties the

opportunity to engage in settlement negotiations. This appeal is hereby REINSTATED.

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

have settled and compromised their differences. The parties request that this Court

dismiss the appeal with prejudice.

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

dismiss, 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 WITH

PREJUDICE. 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 26th day of July, 2012.