Opinion
13-24-00062-CV
06-13-2024
TORIBIO "TERRY" PALACIOS, IN HIS OFFICIAL CAPACITY AS HIDALGO COUNTY DISTRICT ATTORNEY, Appellant, v. MONTY GEORGE STUMBAUGH, Appellee.
ON APPEAL FROM THE 332ND DISTRICT COURT OF HIDALGO COUNTY, TEXAS
Before Justices Benavides, Longoria, and Silva, J.
MEMORANDUM OPINION
NORA L. LONGORIA Justice.
This cause is before the Court on an agreed motion to dismiss the appeal. The parties have resolved the issues in this appeal and request the trial court's judgment be set aside and the cause be remanded to the trial court for rendition of judgment in accordance with the parties' agreement. See TEX. R. APP. P. 42.1(a)(2)(B). Additionally, the agreed motion states that each party shall bear their own costs.
Upon consideration of the agreed motion, we grant the agreed motion, vacate the trial court's order dated January 24, 2024, and entitled Order Granting Plaintiff's Petition for Writ of Mandamus, and dismiss the appeal. See id. R. 42.1(a)(2)(B), 43.2(e).
In accordance with the agreement of the parties, costs are taxed against the party incurring same. See id. R. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at the parties' request, no motion for rehearing will be entertained.