Philly Seafood Company, Garcia Quality Seafood, Inc., Garcia Enterprises, Inc., and Quality Seafood v. Modesto Sanchez-Muniz

• Court: Court of Appeals of Texas
• Decided: May 22, 2025
• Docket: 13-24-00353-CV
• Status: Published

Opinion

NUMBER 13-24-00353-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

PHILLY SEAFOOD COMPANY, GARCIA QUALITY SEAFOOD, INC., GARCIA ENTERPRISES, INC., AND QUALITY SEAFOOD, Appellants,

v.

MODESTO SANCHEZ-MUNIZ, Appellee.

ON APPEAL FROM THE 130TH DISTRICT COURT OF MATAGORDA COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Silva, Peña, and Fonseca Memorandum Opinion by Justice Silva Appellants Philly Seafood Company, Garcia Quality Seafood, Inc., Garcia

Enterprises, Inc., and Quality Seafood filed a notice of appeal from an interlocutory order

on May 29, 2024 in trial court cause number 23-F-0159.

On January 31, 2025, we abated the case and referred the parties to mediation.

On May 2, 2025, appellant notified the Court that the parties had reached a

settlement agreement.

On May 15, 2025, appellant filed a “Notice of Dismissal of Appeal.” The appellant

requested that this appeal be dismissed.

The Court, having considered appellant’s motion to dismiss appeal, is of the

opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore,

appellant’s motion to dismiss appeal is granted, and the appeal is hereby dismissed.

In accordance with the motion, costs are taxed against the party incurring same.

See id. R. 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.

CLARISSA SILVA Justice Delivered and filed on the 22nd day of May, 2025.