Osbaldo Guerra, Individually and D/B/A on Call Delivery Service v. Armando Aguilar and Andres Perez Jr.

Opinion

NUMBER 13-22-00314-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

OSBALDO GUERRA, INDIVIDUALLY AND D/B/A ON CALL DELIVERY SERVICE, Appellant,

v.

ARMANDO AGUILAR AND ANDRES PEREZ JR., Appellees.

On appeal from the 197th District Court of Cameron County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Tijerina Memorandum Opinion by Chief Justice Contreras

Appellant Osbaldo Guerra, individually and d/b/a On Call Delivery Service, filed a

notice of appeal assailing an order signed on May 19, 2022. Appellant has now filed a

“Motion for Voluntary Dismissal” of this appeal on grounds that the appeal is moot. Appellant requests that we dismiss this appeal “without prejudice to the filing of

subsequent appeals.”

The Court, having examined and fully considered appellant’s motion, is of the

opinion that it should be granted. Accordingly, we grant appellant’s “Motion for Voluntary

Dismissal” and we dismiss the appeal without regard to the merits and without prejudice

to the filing of subsequent appeals from the underlying proceeding. Costs will be taxed

against the appellant. See TEX. R. APP. P. 42.1(d).

DORI CONTRERAS Chief Justice

Delivered and filed on the 28th day of July, 2022.