Opinion
08-24-00125-CV
06-28-2024
Appeal from the 388th District Court of El Paso County, Texas (TC#2022DCV1835)
Before Alley, C.J., Palafox and Soto, JJ.
MEMORANDUM OPINION
GINA M. PALAFOX, JUSTICE
Before this Court is the parties' joint motion to dismiss the appeal, which we construe as Appellant's motion to voluntarily dismiss the appeal. Compare TEX. R. APP. P. 42.1(a)(1) (allowing appellate courts to dismiss an appeal on the motion of the appellant.) with Tex.R.App.P. 42.1(a)(2) (allowing appellate courts to dismiss an appeal by agreement when the parties or their attorneys file a signed agreement with the court).
The motion states that Appellant desires to dismiss the appeal with prejudice. Therefore, the motion to dismiss is granted, and this appeal is dismissed. See Tex.R.App.P. 42.1(a)(1). Costs of the appeal are taxed against the party incurring the same as stated in the joint motion. See Tex.R.App.P. 42.1(d).