Opinion
No. 13-07-00654-CV
Opinion delivered and filed February 21, 2008.
On appeal from the County Court at Law No. 4 of Hidalgo County, Texas.
Before Chief Justice Valdez and Justices Rodriguez and Garza.
MEMORANDUM OPINION
Appellant, The University of Texas at Pan American, perfected an appeal from an order denying its plea to the jurisdiction based on sovereign immunity. Appellant has filed a motion to dismiss its appeal. See TEX. R. APP. P. 42.1(a)(1). Appellant requests that the Court grant its motion to dismiss the appeal and tax costs against the party incurring same.
The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted in part and denied in part. Appellant's motion to dismiss is GRANTED, and the appeal is hereby DISMISSED. See id.
Appellant's motion is DENIED insofar as it requests that we tax costs against the party incurring same. The motion fails to indicate an agreement between the parties regarding costs, and accordingly, costs are taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant.").
Appellee, Belinda Salinas, has also filed a motion to dismiss this appeal. Her motion is DISMISSED AS MOOT. Any other pending motions are likewise DISMISSED AS MOOT.
Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.