McAllen Construction, Inc. v. Ballenger Construction Company

• Court: Court of Appeals of Texas
• Decided: January 26, 2006
• Docket: 13-05-00687-CV
• Status: Published

Opinion

                             NUMBER 13-05-687-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

McALLEN CONSTRUCTION, INC.,                               Appellant,

                                           v.

BALLENGER CONSTRUCTION, INC.,                             Appellee.

                 On appeal from the 275th  District Court

                           of Hidalgo County, Texas.

                     MEMORANDUM OPINION

      Before Chief Justice Valdez and Justices Hinojosa and Garza

Memorandum Opinion Per Curiam

Appellant, McALLEN CONSTRUCTION, INC., perfected an appeal from a judgment entered by the 275th District Court of Hidalgo County, Texas, in cause number C-389-02-E.  After the record was filed, appellant filed a motion to dismiss the appeal.  In the motion, appellant states it no longer wishes to prosecute this appeal.  Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant=s motion to dismiss the appeal, is of the opinion that the motion should be granted.  Appellant=s motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed this

the 26^th day of January, 2006.