Specialty Compounding, LLC v. Elizabeth Bourne

Opinion

NUMBER 13-16-00141-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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SPECIALTY COMPOUNDING, LLC, Appellant, v.

ELIZABETH BOURNE, Appellee.

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On appeal from the 404th District Court of Cameron County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam

This appeal was abated by this Court on April 1, 2016, to allow the parties to mediate. This cause is now before the Court on appellant’s motion to dismiss the appeal on grounds that the parties have reached a settlement of the underlying lawsuit at mediation. Appellant requests that this Court dismiss the appeal. Accordingly, this case is hereby REINSTATED.

The Court, having considered the documents on file and appellant’s motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellant’s motion to dismiss 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 26th day of May, 2016.