Wal-Mart Associates, Inc., Wal-Mart Stores Texas, LLC, Dba Wal-Mart Stores Texas 2007, LLC, Wal-Mart Stores Texas, LLC Dba Walmart Neighborhood Market 5624 v. Pedro Garcia

• Court: Court of Appeals of Texas
• Decided: January 3, 2020
• Docket: 05-19-00509-CV
• Status: Published

Opinion

Dismissed and Opinion Filed January 3, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00509-CV

WAL-MART ASSOCIATES, INC., WAL-MART STORES TEXAS, LLC, DBA WAL- MART STORES TEXAS 2007, LLC, WAL-MART STORES TEXAS, LLC DBA WALMART NEIGHBORHOOD MARKET #5624, ET AL., Appellants V. PEDRO GARCIA, Appellee

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-00329

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Evans Opinion by Justice Molberg

Before the Court is Appellants’ Unopposed Motion to Lift Stay and to Dismiss with

Prejudice, which states the parties recently settled this dispute at mediation. The Court had

previously stayed all proceedings in the trial court pending resolution of the appeal or further order

of this Court. Appellants’ motion does not describe any agreement between the parties regarding

appellate costs and does not attach any settlement agreement.

We grant Appellants’ motion, lift our prior order of June 4, 2019, and dismiss the appeal.

See TEX. R. APP. P. 42.1(a)(1). Costs will be taxed against Appellant, subject to any agreement

between the parties for a different apportionment of costs. See TEX. R. APP. P. 42.1(d). Having dismissed the appeal at Appellant’s request, our mandate will issue forthwith.

/Ken Molberg// KEN MOLBERG JUSTICE

190509f.p05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

WAL-MART ASSOCIATES, INC., WAL- On Appeal from the 160th Judicial District MART STORES TEXAS, LLC, DBA Court, Dallas County, Texas WAL-MART STORES TEXAS 2007, Trial Court Cause No. DC-19-00329. LLC, WAL-MART STORES TEXAS, Opinion delivered by Justice Molberg. LLC DBA WALMART Justices Reichek and Evans participating. NEIGHBORHOOD MARKET #5624, ET AL., Appellants

No. 05-19-00509-CV V.

PEDRO GARCIA, Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Subject to any agreement between the parties, it is ORDERED that appellee PEDRO GARCIA recover his costs of this appeal from appellants WAL-MART ASSOCIATES, INC., WAL-MART STORES TEXAS, LLC, DBA WAL-MART STORES TEXAS 2007, LLC, WAL- MART STORES TEXAS, LLC DBA WALMART NEIGHBORHOOD MARKET #5624, ET AL.

Judgment entered this 3rd day of January 2020.

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