Tractor Supply Company of Texas, Lp D/B/A Tractor Supply Company 1104, Tractor Supply Company, and Victor Fonseca v. Yolanda Rodriguez, as Representative of the Estate of Eduardo Sonen

• Court: Court of Appeals of Texas
• Decided: May 4, 2011
• Docket: 13-11-00141-CV
• Status: Published

Opinion

                           NUMBER 13-11-00141-CV

                                  COURT OF APPEALS

                      THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

TRACTOR SUPPLY CO. OF TEXAS, LP

D/B/A TRACTOR SUPPLY COMPANY #1104,

TRACTOR SUPPLY COMPANY #1104,

TRACTOR SUPPLY COMPANY,

AND VICTOR FONSECA                                                              Appellants,

                                                             v.

YOLANDA RODRIGUEZ, AS REPRESENTATIVE

OF THE ESTATE OF EDUARDO SONEN,                                   Appellee.

                              On appeal from the 93rd District Court

                                        of Hidalgo County, Texas.

                              MEMORANDUM OPINION

                            Before Justices Garza, Vela, and Perkes

 Memorandum Opinion Per Curiam

Appellants, Tractor Supply Co. of Texas, LP d/b/a Tractor Supply Company #1104, Tractor Supply Company, and Victor Fonseca, filed a notice of appeal in this cause on March 15, 2011.  The parties to this appeal have now filed an “Agreed Motion to Dismiss in Aid of Settlement.”  According to this motion, the parties have fully and finally compromised and settled all matters of fact and things in controversy between them.  Accordingly, the parties request that we dismiss this appeal with prejudice. 

The Court, having examined and fully considered the agreed motion to dismiss, is of the opinion that the motion should be granted.  Accordingly, we GRANT the motion to dismiss and DISMISS this appeal with prejudice. Costs will be taxed against appellants.  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 the parties’ request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

It is so ORDERED.

PER CURIAM

Delivered and filed

the 4th day of May, 2011.