the Commercial Bank v. Vulcan Construction Materials, LP

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00318-CV

THE COMMERCIAL BANK, Appellant

v. VULCAN CONSTRUCTION MATERIALS, VULCAN CONSTRUCTION MATERIALS, LP, Appellee

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-12245 Honorable Gloria Saldana, Judge Presiding

PER CURIAM

Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice

Delivered and Filed: August 14, 2013

MOTION TO DISMISS GRANTED; APPEAL DISMISSED

Appellant filed a motion to dismiss this appeal with each party bearing its own costs.

According to the motion, the appeal is moot because the parties have “compromised and settled

all disputes between them.” Appellant’s counsel has certified that he has conferred with opposing

counsel who does not oppose the motion. Accordingly, we grant the motion. See TEX. R. APP. P.

42.1(a)(1). All costs of appeal are taxed against the party who incurred them. See TEX. R. APP. P.

42.1(d).