San Benito Economic Development Corporation v. Christopher Hamby and H20 Construction, Inc.

Opinion

NUMBER 13-08-00663-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

SAN BENITO ECONOMIC DEVELOPMENT CORPORATION, Appellant,

v.

CHRISTOPHER HAMBY AND H20 CONSTRUCTION, INC., Appellees. _____________________________________________________________

On appeal from the 103rd District Court of Cameron County, Texas. ______________________________________________________________

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

Appellant, San Benito Economic Development Corporation, perfected an appeal

from a judgment entered by the 103rd District Court of Cameron County, Texas, in cause

number 2007-01-0026-D. The parties have filed a joint motion to dismiss with prejudice on grounds that all matters in controversy between them in this cause have been fully

compromised and settled. The parties request that this Court dismiss this case with

prejudice to each party re-filing the same or any part thereof.

The Court, having considered the documents on file and the joint motion to dismiss

with prejudice, 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

WITH PREJUDICE. 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 the parties’ request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 4th day of March, 2010.