Opinion
NUMBER 13-12-00639-CV
11-29-2012
JOHN EDWARD DIMAS, Appellant, v. NOE IBARRA PUENTE, Appellee.
On appeal from the 370th District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Perkes
Memorandum Opinion Per Curiam
Appellant, John Edward Dimas, perfected an appeal from a judgment entered by the 370th District Court of Hidalgo County, Texas, in cause number C-2649-12-G. The parties have filed a joint motion to dismiss appeal on grounds that the parties have reached an agreement regarding the matters at issue in this appeal. The parties request that this Court dismiss this case without prejudice to appellant's right to contest the validity of the temporary injunctions in any contempt proceeding.
The Court, having considered the documents on file and the joint motion to dismiss without prejudice, 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 without prejudice to appellant's right to contest the validity of the temporary injunctions in any contempt proceeding. 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.").
The parties request immediate issuance of our mandate. See TEX. R. APP. P.18.1(c). The motion is GRANTED. We direct the Clerk of the Court to issue the mandate immediately.
PER CURIAM