Laurie G. Simmons v. Portfolio Recovery Associates, LLC Assignee of FIA Card Services, N.A. (MBNA)

• Court: Court of Appeals of Texas
• Decided: August 28, 2024
• Docket: 13-24-00225-CV
• Status: Published

Opinion

NUMBER 13-24-00225-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

LAURIE G. SIMMONS, Appellant,

v.

PORTFOLIO RECOVERY ASSOCIATES, LLC ASSIGNEE OF FIA CARD SERVICES, N.A. (MBNA) Appellee.

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 1 OF CAMERON COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Tijerina and Peña Memorandum Opinion by Chief Justice Contreras

This matter is before the Court on appellant’s correspondence dated May 24, 2024

requesting the notice of appeal to be withdrawn which we construe as a motion to dismiss.

It appears the parties have reached an agreement, and appellant wishes to withdraw or

dismiss her appeal. Having considered appellant’s motion to dismiss, we are of the opinion that the

motion should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, appellant’s motion

to dismiss is granted, and the appeal is hereby dismissed. Costs will be taxed against the

appellant. See id. R. 42.1(d) (“Absent agreement of the parties, the court will tax costs

against the appellant.”). Because the appeal is dismissed at the appellant’s request, no

motion for rehearing will be entertained.

DORI CONTRERAS Chief Justice

Delivered and filed on the 28th day of August, 2024.