Retail Venture Lp v. Amco Landscaping & Irrigation, Inc.

Opinion

NUMBER 13-11-00489-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

CORPUS CHRISTI RETAIL VENTURE LP, Appellant,

v.

AMCO LANDSCAPING & IRRIGATION, INC., Appellee. ____________________________________________________________

On Appeal from the 28th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Vela, and Perkes Memorandum Opinion Per Curiam

Appellant, Corpus Christi Retail Venture LP, filed an appeal from a judgment

entered by the 28th District Court of Nueces County, Texas, in cause number

2010-DCV-5071-A. Appellant has filed an unopposed motion to withdraw the appeal on

grounds that the appeal was erroneously filed. Appellant requests that this Court

withdraw the appeal. The Court, having considered the documents on file and appellant=s unopposed

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

TEX. R. APP. P. 42.1(a). Appellant=s motion to withdraw 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

Delivered and filed the 11th day of August, 2011.