the City of Taft, Texas v. Dolores "Molly" R. Topper

• Court: Court of Appeals of Texas
• Decided: August 31, 2009
• Docket: 13-08-00464-CV
• Status: Published

Opinion

NUMBER 13-08-00464-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

THE CITY OF TAFT, TEXAS, Appellant,

v.

DOLORES "MOLLY" R. TOPPER, Appellee. ____________________________________________________________

On appeal from the 156th District Court of San Patricio County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Hill1 Memorandum Opinion Per Curiam

Appellant perfected an appeal from a judgment entered by the 156th District Court

of San Patricio County, Texas, in cause number S-07-5734CV-B. Appellant has filed an

1 Retired Justice John Hill assigned to this Court by the Chief Justice of the Suprem e Court of Texas pursuant to the governm ent code. See T EX . G O V ’T C OD E A N N . §74.003 (Vernon 2005). unopposed motion to dismiss the appeal. Appellant requests that this Court dismiss the

appeal.

The Court, having considered the documents on file and appellant’s unopposed

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

Memorandum Opinion delivered and filed this the 31st day of August, 2009.