Marie Pecore and Daniel Pecore v. Radiology Associates, LLP

• Court: Court of Appeals of Texas
• Decided: July 14, 2011
• Docket: 13-10-00338-CV
• Status: Published

Opinion

NUMBER 13-10-00338-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

MARIE PECORE AND DANIEL PECORE, Appellants,

v.

RADIOLOGY ASSOCIATES, LLP, Appellee. ____________________________________________________________

On Appeal from the 105th District Court of Nueces County, Texas. ____________________________________________________________

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

Appellants, Marie Pecore and Daniel Pecore, filed an appeal from a judgment

entered by the 105th District Court of Nueces County, Texas, in cause number 09-167-D.

Appellants have filed an “Appellants’ Notice of Nonsuit as to all Defendants.” Appellants

request that this Court dismiss the appeal without prejudice. The Court, having considered the documents on file and appellants’ motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a). Appellants’ motion to dismiss is granted, and the appeal is hereby

DISMISSED WITHOUT 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 appellants’ request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 14th day of July, 2011.