Sunil Ramchand Samtani v. Ramakrishna Cherukuri, Individually as Representative of New York Fragrance, Inc.

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-09-00784-CV

Sunil Ramchand SAMTANI, Appellant

v.

Ramakrishna CHERUKURI, Individually and as Representative of New York Fragrance, Inc., Appellee

From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2009-CVQ-001100-D1 Honorable Jose A. Lopez, Judge Presiding

Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: February 10, 2010

MOTION TO DISMISS GRANTED; DISMISSED

Appellant has filed a written notice advising the court that he filed in the trial court a notice

of nonsuit of the underlying cause and that this appeal is therefore moot. We construe the notice as

a motion to dismiss the appeal and grant the motion. See TEX . R. APP . P. 42.1(a)(1). Because

appellant does not disclose an agreement between the parties regarding the assessment of costs, we 04-09-00784-CV

order all costs assessed against appellant. See TEX . R. APP . P. 42.1(d)(absent agreement of the

parties, costs are taxed against appellant).

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