Teresa M. Varnes v. William J. Varnes

• Court: Court of Appeals of Texas
• Decided: November 15, 2012
• Docket: 13-12-00413-CV
• Status: Published

Opinion

NUMBER 13-12-00413-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

TERESA M. VARNES, APPELLANT,

v.

WILLIAM J. VARNES, APPELLEE. ____________________________________________________________

On Appeal from the 135th District Court of Calhoun County, Texas. ____________________________________________________________

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

Appellant, Teresa M. Varnes, filed an appeal from a judgment entered by the 135th

District Court of Calhoun County, Texas, in cause number 09-05-0729. Appellant has

filed an unopposed motion to withdraw the appeal on grounds that the parties have

reached a settlement agreement. Appellant requests that this Court withdraw the appeal

and dismiss the appeal with prejudice. The Court, having considered the documents on file and appellant’s unopposed

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

TEX. R. APP. P. 42.1(a). Appellant’s unopposed motion to withdraw the appeal, 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

appellant’s request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

PER CURIAM

Delivered and filed the 15th day of November, 2012.