M. Aldo Dyer and Friends of Lydia Ann Channel v. Lydia Ann Channel Moorings, LLC

• Court: Court of Appeals of Texas
• Decided: March 14, 2019
• Docket: 13-17-00403-CV
• Status: Published

Opinion

NUMBER 13-17-00403-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

M. ALDO DYER AND FRIENDS OF LYDIA ANN CHANNEL, Appellants,

v.

LYDIA ANN CHANNEL MOORINGS, LLC, Appellee. ____________________________________________________________

On appeal from the 156th District Court of Aransas County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Justice Longoria

Appellants, M. Aldo Dyer and Friends of Lydia Ann Channel, perfected an appeal

from a judgment entered by the 156th District Court of Aransas County, Texas, in cause

number A-17-0064-CV-B. The parties have filed a joint motion to dismiss the appeal on grounds that the parties have resolved their dispute and will be filing a joint notice of

nonsuit in the trial court. The parties request that this Court dismiss the appeal.

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. 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.

NORA L. LONGORIA Justice

Delivered and filed the 14th day of March, 2019.