Wayne K. Hite and Paul M. Allison v. Michael C. Rothmann

• Court: Court of Appeals of Texas
• Decided: February 28, 2013
• Docket: 13-13-00043-CV
• Status: Published

Opinion

NUMBER 13-13-00043-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

WAYNE K. HITE AND Appellants, PAUL M. ALLISON,

v.

MICHAEL C. ROTHMANN, Appellee. ____________________________________________________________

On appeal from the 130th District Court of Matagorda County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Garza, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellants, Wayne K. Hite and Paul M. Allison, filed an appeal from a judgment

entered by the 130th District Court of Matagorda County, Texas, in cause number

11-E-0672. Appellants have filed a motion to voluntarily dismiss the appeal and request

that this Court dismiss the appeal. The Court, having considered the documents on file and appellants’ motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a). Appellants’ motion to dismiss is GRANTED, and the appeal is hereby

DISMISSED. 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 appellant’s request, no motion for rehearing will be

entertained, and our mandate will issue forthwith. Any pending motions are dismissed

as moot.

PER CURIAM

Delivered and filed the 28th day of February, 2013.