Matthew Kelly Medley v. Movac Service Co., Inc.

Opinion

NUMBER 13-08-00219-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

MATTHEW KELLY MEDLEY, APPELLANT,

v.

MOVAC SERVICE CO., INC., APPELLEE.

_____________________________________________________________

On Appeal from the 92nd District Court of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Vela Memorandum Opinion Per Curiam

Appellant perfected an appeal from a judgment entered by the 92nd District Court

of Hidalgo County, Texas, in cause number C-094-08-A. Appellee has filed an amended

motion to dismiss the appeal. Appellee requests that this Court dismiss the appeal because the trial court has signed a Joint Agreed Order Dissolving the Temporary

Injunction, rendering this appeal moot. More than ten days have passed since this motion

was filed and appellant has not filed a response; however, appellant agrees that the trial

court’s order may “pretermit the need for addressing the merits of this appeal.”

The Court, having considered the documents on file and appellee’s amended

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

R. APP. P. 42.1(a). Appellee’s motion to dismiss is granted, and the appeal is hereby

DISMISSED. Costs will be taxed against appellant. See TEX . R. APP. P. 42.1(d) ("Absent

agreement of the parties, the court will tax costs against the appellant."). Pending motions,

if any, are likewise DISMISSED.

Memorandum Opinion delivered and filed this the 12th day of February, 2009.