Opinion
NUMBER 13-17-00166-CV
04-06-2017
NICOLETTE ELVIR, Appellant, v. HENRY JONES D/B/A HJ & DJ TRUCKING, Appellee.
On appeal from the 85th District Court of Brazos County, Texas
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Hinojosa
Memorandum Opinion by Justice Hinojosa
Appellant filed an appeal from a judgment entered by the 85th District Court of Brazos County, Texas, in cause number 13-001504-CV-85 . This cause is presently before the Court on "Appellant's Unopposed Motion to Dismiss Appeal of May 17, 2016, Order Granting Henry Jones d/b/a HJ and DJ Trucking's Motion for Summary Judgment for Want of Jurisdiction." Appellant requests dismissal of the appeal of the May 17, 2016 order granting Henry Jones Trucking's motion for summary judgment because it is interlocutory and this Court does not have jurisdiction.
This case is before the Court on transfer from the Tenth Court of Appeals in Waco pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.).
The Court, having considered the documents on file and appellant's unopposed motion to dismiss the appeal of the May 17, 2017 order granting Henry Jones d/b/a HJ & DJ Trucking's motion for summary judgment, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellant's motion to dismiss is GRANTED, and the appeal is hereby DISMISSED. Costs will be taxed against appellant. 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.
LETICIA HINOJOSA
Justice Delivered and filed the 6th day of April, 2017.