Trey Stinnett and Cassi Stinnett McDermott v. Windfern Development Corporation and Blue Water Construction Company

Opinion

NUMBER 13-11-00240-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

TREY STINNETT AND CASSI STINNETT MCDERMOTT, APPELLANTS,

v.

WINDFERN DEVELOPMENT CORPORATION AND BLUE WATER CONSTRUCTION COMPANY, APPELLEES. ____________________________________________________________

On appeal from the 329th District Court of Wharton County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

Appellants, Trey Stinnett and Cassi Stinnett McDermott, perfected an appeal from

a judgment entered by the 329th District Court of Wharton County, Texas, in cause

number 44,610. The parties have filed a joint motion to dismiss on grounds that all matters in controversy between them in this cause have been fully compromised and

settled. The parties request that this Court dismiss the appeal.

The Court, having considered the documents on file and the joint motion to

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

The joint motion to dismiss is granted, and the appeal is hereby DISMISSED. In

accordance with the agreement of the parties, costs are taxed against the party incurring

same. 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.

PER CURIAM

Delivered and filed the 29th day of December, 2011.