Oasis, a Texas General Partnership v. William P. Sage

• Court: Court of Appeals of Texas
• Decided: November 12, 2009
• Docket: 13-09-00562-CV
• Status: Published

Opinion

NUMBER 13-09-00562-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

OASIS, A TEXAS GENERAL PARTNERSHIP, Appellant,

v.

WILLIAM P. SAGE, Appellee. ____________________________________________________________

On appeal from the 135th District Court of Victoria County, Texas. ______________________________________________________________

MEMORANDUM OPINION Before Justices Yañez and Benavides and Vela Memorandum Opinion Per Curiam

Appellant, Oasis, a Texas General Partnership, perfected an appeal from a

judgment entered by the 135th District Court of Victoria County, Texas, in cause number

05-5-62,750-B. Appellant has filed a motion to dismiss the appeal on grounds that the

parties have settled all controversies and the judgment the subject of appellant’s notice of appeal has now been set aside by the trial court. 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. See TEX . R. APP.

P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is hereby DISMISSED.

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 appellant’s request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

PER CURIAM

Memorandum Opinion delivered and filed this the 12th day of November, 2009.