Omar Cuevas, Elizabeth Cuevas, and Hoc Properties, Inc. v. Wheat Investments, Inc.

• Court: Court of Appeals of Texas
• Decided: April 5, 2012
• Docket: 13-11-00140-CV
• Status: Published

Opinion

NUMBER 13-11-00140-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

OMAR CUEVAS, ELIZABETH CUEVAS, APPELLANTS, AND HOC PROPERTIES, INC.,

v.

WHEAT INVESTMENTS, INC., APPELLEE. ____________________________________________________________

On Appeal from the County Court at Law No. 4 of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam

Appellants, Omar Cuevas, Elizabeth Cuevas and HOC Properties, Inc.,

perfected an appeal from a judgment entered by the County Court at Law No. 4 of Hidalgo

County, Texas, in cause number CL-10-3099-D. On January 12, 2012, the appeal was

abated because the reporter’s record was lost. This appeal is hereby REINSTATED. Appellants have filed an unopposed motion to dismiss the appeal on grounds that

the parties have reached an agreement which renders this appeal moot. Appellants

request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants= unopposed

motion to dismiss the appeal, is of the opinion that the motion should be granted. See

TEX. R. APP. P. 42.1(a). Appellants= motion to dismiss is granted, and the appeal is

hereby DISMISSED. Costs will be taxed against appellants. 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 appellants= request, no motion for rehearing will be

entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 5th day of April, 2012.