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Hill Country-San Antonio Mgmt. Servs., Inc. v. Trejo

Fourth Court of Appeals San Antonio, Texas
Dec 3, 2014
No. 04-13-00559-CV (Tex. App. Dec. 3, 2014)

Summary

granting motion to dismiss the appeal but denying appellant's request to withdraw previously-issued opinion

Summary of this case from Robert B. James, DDS, Inc. v. Elkins

Opinion

No. 04-13-00559-CV

12-03-2014

HILL COUNTRY-SAN ANTONIO MANAGEMENT SERVICES, INC. a.k.a. Hill Country Achievement, Appellant v. Rachel TREJO as next friend of Rene Trejo, Appellee


MEMORANDUM OPINION

From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-20045
Honorable Peter A. Sakai, Judge Presiding
PER CURIAM Sitting: Sandee Bryan Marion, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice DISMISSED

On February 12, 2014, this court issued an opinion affirming the trial court's order dated August 5, 2013. On February 27, 2014, Appellant filed a motion for en banc reconsideration and this court requested Appellee file a response to Appellant's motion.

On July 22, 2014, Appellant filed an unopposed motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Three days later, the Texas Supreme Court granted Appellant's motion to dismiss the petition for review. Appellee did not file a response to the en banc motion.

On September 23, 2014, we ordered Appellant to clarify whether the July 22, 2014 motion to dismiss sought (1) a dismissal of the motion for en banc reconsideration or (2) this court to withdraw the court's opinion dated February 12, 2014. See TEX. R. APP. P. 42.1(c).

On October 3, 2014, Appellant clarified its request seeking this court withdraw its February 12, 2014 opinion. Appellee's subsequent response strongly opposed the withdrawal of the court's opinion.

Appellant's request to withdraw this court's February 12, 2014 opinion is denied. Appellant's request to dismiss this appeal is granted and this appeal is dismissed.

PER CURIAM


Summaries of

Hill Country-San Antonio Mgmt. Servs., Inc. v. Trejo

Fourth Court of Appeals San Antonio, Texas
Dec 3, 2014
No. 04-13-00559-CV (Tex. App. Dec. 3, 2014)

granting motion to dismiss the appeal but denying appellant's request to withdraw previously-issued opinion

Summary of this case from Robert B. James, DDS, Inc. v. Elkins
Case details for

Hill Country-San Antonio Mgmt. Servs., Inc. v. Trejo

Case Details

Full title:HILL COUNTRY-SAN ANTONIO MANAGEMENT SERVICES, INC. a.k.a. Hill Country…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 3, 2014

Citations

No. 04-13-00559-CV (Tex. App. Dec. 3, 2014)

Citing Cases

Robert B. James, DDS, Inc. v. Elkins

If such a motion to dismiss an appeal also requests that this court withdraw its previously-issued opinion,…