From Casetext: Smarter Legal Research

Clinton v. Araguz

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Mar 11, 2021
NUMBER 13-20-00564-CV (Tex. App. Mar. 11, 2021)

Opinion

NUMBER 13-20-00564-CV

03-11-2021

DEMPSIE CLINTON AND VICTORIA CLINTON, Appellants, v. LEOBARDO ARAGUZ, Appellee.


On appeal from the 107th District Court of Cameron County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Tijerina
Memorandum Opinion by Justice Longoria

Appellants Dempsie Clinton and Victoria Clinton filed a notice of appeal regarding a ruling rendered against them under the Texas Citizens Participation Act (TCPA). See TEX. CIV. PRAC. & REM. CODE ANN. §§ 27.001-.011 (codifying the TCPA). However, they have now filed an amended motion to dismiss their interlocutory appeal in this case. Appellants assert that they wish to "pursue alternative summary remedies in the trial court." Appellee Leobardo Araguz does not oppose the appellants' amended motion to dismiss their appeal.

The Court, having examined and fully considered the amended motion to dismiss, is of the opinion that it should be granted. See TEX. R. APP. P. 42.1(a)(1) ("In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled."). Accordingly, we grant the appellants' amended motion to dismiss and we dismiss the appeal. Appellants do not indicate that they have reached an agreement regarding the assessment of costs, therefore, costs will be taxed against appellants. See id. R. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant[s]."). Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

NORA L. LONGORIA

Justice Delivered and filed on the 11th day of March, 2021.


Summaries of

Clinton v. Araguz

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Mar 11, 2021
NUMBER 13-20-00564-CV (Tex. App. Mar. 11, 2021)
Case details for

Clinton v. Araguz

Case Details

Full title:DEMPSIE CLINTON AND VICTORIA CLINTON, Appellants, v. LEOBARDO ARAGUZ…

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Mar 11, 2021

Citations

NUMBER 13-20-00564-CV (Tex. App. Mar. 11, 2021)