Morrell Masonry Supply Inc. v. Sean Ferguson and Tiffany Ferguson

• Court: Court of Appeals of Texas
• Decided: August 4, 2011
• Docket: 13-11-00204-CV
• Status: Published

Opinion

NUMBER 13-11-00204-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

MORRELL MASONRY SUPPLY INC., ET AL., APPELLANTS,

v.

SEAN FERGUSON AND TIFFANY FERGUSON, APPELLEES. ____________________________________________________________

On Appeal from the 9th District Court of Montgomery County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Vela, and Perkes Memorandum Opinion Per Curiam

This cause is before the Court on the record and the parties’ joint motion to dismiss

appeal. The parties request that this Court dismiss the appeal and cross-appeal on

grounds that the parties have reached an agreement to settle and compromise their

differences. The Court, having considered the documents on file and the parties’ motion, is of

the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The joint

motion to dismiss is granted, and the appeal and cross-appeal are hereby DISMISSED.

In accordance with the agreement of the parties, 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 and cross-appeal at

joint request, no motion for rehearing will be entertained, and our mandate will issue

forthwith.

PER CURIAM

Delivered and filed the 4th day of August, 2011.