Opinion
NUMBER 13-14-00115-CV
03-13-2014
NIKKI PAIGE ARAGUZ, CLAIMANT/BENEFICIARY OF THOMAS T. ARAGUZ, III, DECEASED, Appellant, v. CITY OF WHARTON, SELF- INSURED CARRIER, HEATHER DELGADO, AS PARENT AND NATURAL GUARDIAN OF TYLER ARAGUZ AND TREVOR ARAGUZ, MINOR CHILDREN, Appellees.
On Appeal from the 329th District Court
of Wharton County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Longoria
Memorandum Opinion Per Curiam
Appellant, Nikki Paige Araguz, perfected an appeal in appellate cause number 13- 14-00115-CV from a judgment entered by the 329th District Court of Wharton County, Texas, in trial court cause number 45,934. On February 26, 2014, appellant filed an unopposed motion to dismiss the appeal in this Court. The motion states that on February 20, 2014, the trial court signed an order withdrawing the judgment from which appellant sought to appeal. Accordingly, appellant requests that this Court dismiss this 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). The motion to dismiss is GRANTED, and the appeal is hereby DISMISSED. Because there is no agreement between the parties concerning appellate costs, the costs are taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Any pending motions are dismissed as moot. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
PER CURIAM