Ricardo Masso v. PlainsCapital Bank

• Court: Court of Appeals of Texas
• Decided: September 2, 2015
• Docket: 13-15-00298-CV
• Status: Published

Opinion

NUMBER 13-15-00298-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

RICARDO MASSO, APPELLANT,

v.

PLAINSCAPITAL BANK, APPELLEE. ____________________________________________________________

On Appeal from the 332nd District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Longoria Memorandum Opinion Per Curiam

Appellant, Ricardo Masso, appeals a final summary judgment rendered against

him in cause number C-5620-14-F in the 332nd District Court of Hidalgo County, Texas.

Appellant has now filed an amended unopposed motion to dismiss this appeal on grounds

that the parties have settled and compromised the dispute at issue in the underlying suit and this appeal. Appellant thus requests that we dismiss this appeal with all costs

assessed to the party incurring same.

The Court, having considered the documents on file and appellant’s amended

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

TEX. R. APP. P. 42.1(a). Accordingly, the appeal is DISMISSED. Costs will be 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."). Pending motions, if any, are likewise

DISMISSED.

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 2nd day of September, 2015.