Ibanez v. Hornsby

Full title: ROGELIO IBANEZ, JR., Appellant, v. CHARLES T. HORNSBY, Appellee

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 21, 2006

No. 04-06-00062-CV (Tex. App. Jun. 21, 2006)

Opinion

No. 04-06-00062-CV

Delivered and Filed: June 21, 2006.

Appeal from the 79th Judicial District Court, Jim Wells County, Texas, Trial Court No. 05-02-43159-CV, Honorable Richard C. Terrell, Judge Presiding.

Dismissed.

Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.

MEMORANDUM OPINION

PER CURIAM.

On March 27, 2006, we suspended the appellate deadlines in this case pending mediation. See4^th Tex. App. (San Antonio) Loc. R. 2. On May 24, 2006, the mediator notified this court that the mediation was unsuccessful. We, therefore, reinstate this appeal on the docket of the court.

On May 25, 2006, appellant filed a motion to dismiss this appeal. We grant the motion and dismiss the appeal. Tex.R.App.P. 42.1(a)(1). Appellant also requests that we order "each party to bear its own costs." However, absent agreement of the parties, we must tax costs against appellant. See Tex.R.App.P. 42.1(d). Here, there is no indication that appellee has agreed that each party should bear its own costs. Therefore, costs of appeal are taxed against appellant.