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Surface v. Surface

Court of Appeals of Texas, Fourth District, San Antonio
Nov 22, 2006
No. 04-06-00570-CV (Tex. App. Nov. 22, 2006)

Opinion

No. 04-06-00570-CV

Delivered and Filed: November 22, 2006.

Appeal from the 25th Judicial District Court, Guadalupe County, Texas, Trial Court No. 04-1437-CV, Honorable Gary L. Steel, Judge Presiding.

Dismissed.

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


MEMORANDUM OPINION


Appellant has filed a motion to dismiss this appeal. The motion contains a certificate of service to appellee, who has not opposed the motion. Therefore, we grant the motion and dismiss the appeal. See Tex.R.App.P. 42.1(a)(1).

Appellant also requests that we assess costs of appeal against the party incurring same. However, pursuant to Texas Rule of Appellate Procedure 42.1(d), "[a]bsent agreement of the parties, the court will tax costs against the appellant." See id. 42.1(d). Therefore, because appellant's motion is not agreed, we tax costs of the appeal against appellant.


Summaries of

Surface v. Surface

Court of Appeals of Texas, Fourth District, San Antonio
Nov 22, 2006
No. 04-06-00570-CV (Tex. App. Nov. 22, 2006)
Case details for

Surface v. Surface

Case Details

Full title:LINDA L. SURFACE, Appellant, v. STEPHEN L. SURFACE, Appellee

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

Date published: Nov 22, 2006

Citations

No. 04-06-00570-CV (Tex. App. Nov. 22, 2006)