Ingram Readymix v. Solka

Full title: INGRAM READYMIX, INC. AND SOUTHERN CONTRACTING, INC., Appellants, v…

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Aug 13, 2009

No. 13-09-00100-CV (Tex. App. Aug. 13, 2009)

Opinion

No. 13-09-00100-CV

Opinion delivered and filed August 13, 2009.

On Appeal from the 319th District Court of Nueces County, Texas.

Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES.

MEMORANDUM OPINION

PER CURIAM.

Appellant, Ingram Readymix, Inc., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 08-6125-G. Appellant has filed an unopposed motion to dismiss the appeal on grounds that the remaining parties to this appeal have resolved their disputes. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant's unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellant's unopposed motion to dismiss is granted, and the appeal is hereby DISMISSED. 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."). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.