Pagel Davis & Hill P. C. v. McALLEN CONSTRUCTION, INC.

Opinion

NUMBER 13-10-00458-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

PAGEL DAVIS & HILL, P.C., Appellant,

v.

McALLEN CONSTRUCTION, INC., Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 2 of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Yañez, Garza, and Benavides Memorandum Opinion Per Curiam

Appellant, Pagel Davis & Hill, P.C., perfected an appeal from a judgment entered

by the County Court at Law No. 2 of Hidalgo County, Texas, in cause number

CL-06-3135-B. The parties have filed a joint motion to dismiss on grounds the parties

have agreed to modify the trial court’s order. The parties request that this Court dismiss

this case. The Court, having considered the documents on file and the joint motion to

dismiss, 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 is 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 at the parties’ request, no

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

PER CURIAM

Delivered and filed the 30th day of September, 2010.