Miiguel Regalado v. Noehmi B. Guerra

Opinion

NUMBER 13-10-00526-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

MIIGUEL REGALADO, Appellant,

v.

NOEHMI B. GUERRA, Appellee. ____________________________________________________________

On Appeal from the 107th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION ON REHEARING Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion On Rehearing Per Curiam

By memorandum opinion issued on June 23, 2011, this Court affirmed the

judgment in this cause. See Regalado v. Guerra, No. 13-10-00526-CV, 2011 Tex. App.

LEXIS 4748, at *1 (Tex. App.—Corpus Christi June 23, 2011, no pet.) (mem. op.).

Appellant has now filed a “Motion for Rehearing and in the Alternative Motion to Dismiss

Appeal.” The motion states, in relevant part, that the order subject to appeal herein had been vacated by the trial court prior to this Court’s decision on the merits. Appellant thus

requests that we withdraw our opinion and dismiss the appeal. More than ten days have

passed since appellant filed this motion and appellee has not filed a response to the

motion. See TEX. R. APP. 10.3.

The Court, having examined and fully considered appellant’s motion, is of the

opinion that it should be granted in part and denied in part. See id. R. 42.1(a)(1). The

motion is granted insofar as we withdraw our previous opinion and judgment and we

dismiss the appeal. See id. R. 42.1(c). All other relief sought in the motion is denied.

Costs are assessed against appellant. See id. R. 42.1(d).

It is so ORDERED.

PER CURIAM

Delivered and filed the 18th day of August , 2011.