Milton Ringgenberg v. Turner Construction Co.

Opinion

NUMBER 13-22-00538-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

MILTON RINGGENBERG, Appellant,

v.

TURNER CONSTRUCTION CO., Appellee.

On appeal from the 156th District Court of Bee County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Silva and Peña Memorandum Opinion by Chief Justice Contreras

This matter is before the Court on a joint motion to dismiss appeal. On January 9,

2023, the parties were ordered to mediation. The parties mediated the case on March 23,

2023, and the parties have resolved all matters in controversy between them and agree

that the appeal will not be pursued. Upon review of the joint motion, the Court is of the opinion that the motion should

be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, this cause is reinstated, the motion

to dismiss is granted, and the appeal is hereby dismissed.

In accordance with the motion, 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 the parties’ request, no motion

for rehearing will be entertained.

DORI CONTRERAS Chief Justice

Delivered and filed on the 25th day of May, 2023.