Steven Popp and Alicia Popp v. David Marshall and Skm Gunite

• Court: Court of Appeals of Texas
• Decided: February 17, 2011
• Docket: 13-10-00665-CV
• Status: Published

Opinion

                                       NUMBER 13-10-00665-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

STEVEN POPP AND ALICIA POPP,                                   APPELLANTS,

                                                             v.

DAVID MARSHALL AND SKM GUNITE,                                APPELLEES.

                              On Appeal from the 24th District Court

                                        of Victoria County, Texas.

                               MEMORANDUM OPINION

            Before Chief Justice Valdez and Justices Rodriguez and Perkes

Memorandum Opinion Per Curiam

Appellants, Steven Popp and Alicia Popp, perfected an appeal from a judgment entered by the 24th District Court of Victoria County, Texas, in cause number 08-4-67075-A.  Appellants have filed a voluntary motion to dismiss the appeal and request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants’ motion to dismiss the appeal, is of the opinion that the motion should be granted.  See Tex. R. App. P. 42.1(a).  Appellants’ motion to dismiss is granted, and the appeal is hereby DISMISSED.  Costs will be taxed against appellants. 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 appellants’ request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the

17th day of February, 2011.