the Herman Lindley Trust, Herman Jay Lindley, and Henry Arthur Lindley v. Ccatt Llc

Opinion

NUMBER 13-22-00025-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

THE HERMAN LINDLEY TRUST, HERMAN JAY LINDLEY, AND HENRY ARTHUR LINDLEY, Appellants,

v.

CCATT LLC, Appellee. ____________________________________________________________

On appeal from the 51st District Court of Irion County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Tijerina Memorandum Opinion by Justice Benavides

This matter is before the Court on a joint motion to dismiss due to settlement.1 The

parties request the appeal be dismissed, as the parties have executed a final settlement

1 The case is before the Court on a transfer from the Third Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. of their dispute. Furthermore, there is no longer a justiciable controversy between the

parties to this appeal.

The Court, having considered the joint motion, is of the opinion that the motion

should be granted. See TEX. R. APP. P. 42.1(a)(2). Therefore, the joint motion to dismiss

is granted, and the appeal is hereby dismissed. In accordance with the joint motion and

agreement of the parties, costs will be taxed against the party incurring the same. See

TEX. R. APP. P. 42.1(d). Because the appeal is dismissed at the parties’ request, no

motion for rehearing will be entertained.

GINA M. BENAVIDES Justice

Delivered and filed on the 15th day of December, 2022.