Mario Rodriguez v. M & T Capital, LLC

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 13-23-00143-CV
• Status: Published

Opinion

NUMBER 13-23-00143-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

MARIO RODRIGUEZ, Appellant,

v.

M & T CAPITAL, LLC, Appellee. ____________________________________________________________

On appeal from the 92nd District Court of Hidalgo County, Texas. ____________________________________________________________

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

This matter is before the Court on its own motion. On July 11, 2023, this matter

was abated and remanded to the trial court to make findings and recommendations

regarding the reporter’s record.

A first supplemental clerk’s record was received on August 17, 2023. Upon review

of the first supplemental clerk’s record, it was noted appellant filed a notice of nonsuit after the matter had been abated; the nonsuit was granted by the trial court, and all claims

in the underlying suit were dismissed.

The Court, having considered the status of the case and notice of non-suit, is of

the opinion that the appeal should be dismissed. See TEX. R. APP. P. 42.1(a)(1).

Therefore, the appeal is hereby reinstated and dismissed. Costs will be taxed against the

appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will

tax costs against the appellant.").

GINA M. BENAVIDES Justice

Delivered and filed on the 31st day of August, 2023.