Luis Hess v. Rudy Villarreal

• Court: Court of Appeals of Texas
• Decided: December 30, 2014
• Docket: 13-14-00057-CV
• Status: Published

Opinion

NUMBER 13-14-00057-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

LUIS HESS, Appellant,

v.

RUDY VILLARREAL, Appellee. ____________________________________________________________

On appeal from the 275th District Court of Hidalgo County, Texas. ____________________________________________________________

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

Appellant, Luis Hess, perfected an appeal from a judgment entered by the 275th

District Court of Hidalgo County, Texas, in cause number C-4354-13-E. The parties

have filed an agreed motion to dismiss with prejudice on grounds that appellant no longer

wishes to prosecute his claims against appellee. The parties request that this Court

dismiss this case with prejudice and that each party pay their own costs. The Court, having considered the documents on file and the joint motion to dismiss

with prejudice, 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

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

appellant's request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

PER CURIAM

Delivered and filed the 30th day of December, 2014.