Vets Securing America, Inc. v. Edward Smith

• Court: Court of Appeals of Texas
• Decided: January 13, 2022
• Docket: 13-21-00321-CV
• Status: Published

Opinion

NUMBER 13-21-00321-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

VETS SECURING AMERICA, INC., Appellant,

v.

EDWARD SMITH, Appellee.

On appeal from the County Court at Law No. 2 of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Benavides and Longoria Memorandum Opinion by Chief Justice Contreras

This is an interlocutory appeal of the trial court’s September 14, 2021 order

denying a “Motion to Reinstate Stay of Trial Proceedings.” Appellant Vets Securing

America, Inc. has filed a motion to dismiss the appeal under Texas Rule of Appellate

Procedure 42.1(a). The motion states that appellee Edward Smith is unopposed to the motion and that dismissal would not prevent appellee from seeking relief to which he

would otherwise be entitled.

This Court, having considered appellant’s unopposed motion, is of the opinion that

the motion to dismiss should be granted. Accordingly, the motion is granted and the

appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). 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.”). Because the appeal is dismissed at appellant’s request, no

motion for rehearing will be entertained.

DORI CONTRERAS Chief Justice

Delivered and filed the 13th day of January, 2022.