National Heritage Foundation, Inc. v. Juan J. Mancillas, M. D. and Sylvia Mancillas, Individually and as Next Friends of Carlo Landa Mancillas, and Omar Landa Mancillas

Opinion

NUMBER 13-08-00733-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

NATIONAL HERITAGE FOUNDATION, INC., APPELLANT,

v.

JUAN J. MANCILLAS, M. D. AND SYLVIA MANCILLAS, INDIVIDUALLY AND AS NEXT FRIENDS OF CARLO LANDA MANCILLAS, AND OMAR LANDA MANCILLAS, APPELLEES.

_____________________________________________________________

On Appeal from the 404th District Court of Cameron County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Vela Memorandum Opinion Per Curiam

Appellant perfected an appeal from a judgment entered by the 404th District Court

of Cameron County, Texas, in cause number 2005-12-6163-G. Appellant has filed an unopposed motion for voluntary dismissal of appeal with prejudice on grounds that the

parties have reached a settlement. Appellant requests that this Court dismiss the appeal.

This appeal was abated by this Court on February 12, 2009, due to the bankruptcy

of one of the parties to this appeal. See 11 U.S.C. § 362; see generally TEX . R. APP. P. 8.

The Bankruptcy Court has approved the settlement. Accordingly, this appeal is

REINSTATED.

The Court, having considered the documents on file and appellant’s unopposed

motion for voluntary dismissal of appeal, is of the opinion that the motion should be

granted. See TEX . R. APP . P. 42.1(a). Appellant’s motion to dismiss is granted, and the

appeal is hereby DISMISSED WITH PREJUDICE. 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."). Having dismissed the appeal at the appellant’s request, no motion

for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 25th day of February, 2010.