The City of Cibolo, Mark D. Allen, and City Council Members Terrence G. Benson, Randall R. Roberts, Robert P. Mahoney, Katie K. Cunningham, Norma Sanchez-Stephens, Richard G. Hetzel, and Joel W. Hicks v. Superior Ready Mix of Texas, LLC

• Court: Court of Appeals of Texas
• Decided: February 15, 2024
• Docket: 13-23-00521-CV
• Status: Published

Opinion

NUMBER 13-23-00521-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

THE CITY OF CIBOLO, MARK D. ALLEN, AND CITY COUNCIL MEMBERS TERRENCE G. BENSON, RANDALL R. ROBERTS, ROBERT P. MAHONEY, KATIE K. CUNNINGHAM, NORMA SANCHEZ-STEPHENS, RICHARD G. HETZEL, AND JOEL W. HICKS, Appellants,

v.

SUPERIOR READY MIX OF TEXAS, LLC, Appellee.

On appeal from the 25th District Court of Guadalupe County, Texas.

MEMORANDUM OPINION Before Justices Longoria, Silva, and Peña Memorandum Opinion by Justice Silva This matter is before the Court on appellants’ amended unopposed motion to

dismiss appeal. 1 After this appeal was perfected, appellee filed a notice of nonsuit in the

trial court which renders the issues in this appeal moot.

The Court, having considered appellants’ amended unopposed motion to dismiss

appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a)(1).

Therefore, the appellants’ amended unopposed motion to dismiss is GRANTED, and the

appeal is hereby dismissed. Costs will be taxed against the appellants. See id. R. 42.1(d)

(“Absent agreement of the parties, the court will tax costs against the appellant.”).

Because the appeal is dismissed at the appellants’ request, no motion for rehearing will

be entertained.

CLARISSA SILVA Justice

Delivered and filed on the 15th day of February, 2024.

1 This case is before the Court on transfer from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. 2