Opinion
No. 05-19-00509-CV
01-03-2020
WAL-MART ASSOCIATES, INC., WAL-MART STORES TEXAS, LLC, DBA WAL-MART STORES TEXAS 2007, LLC, WAL-MART STORES TEXAS, LLC DBA WALMART NEIGHBORHOOD MARKET #5624, ET AL., Appellants v. PEDRO GARCIA, Appellee
On Appeal from the 160th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-19-00329
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Evans
Opinion by Justice Molberg
Before the Court is Appellants' Unopposed Motion to Lift Stay and to Dismiss with Prejudice, which states the parties recently settled this dispute at mediation. The Court had previously stayed all proceedings in the trial court pending resolution of the appeal or further order of this Court. Appellants' motion does not describe any agreement between the parties regarding appellate costs and does not attach any settlement agreement.
We grant Appellants' motion, lift our prior order of June 4, 2019, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Costs will be taxed against Appellant, subject to any agreement between the parties for a different apportionment of costs. See TEX. R. APP. P. 42.1(d).
Having dismissed the appeal at Appellant's request, our mandate will issue forthwith.
/Ken Molberg//
KEN MOLBERG
JUSTICE 190509f.p05
JUDGMENT
On Appeal from the 160th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-19-00329.
Opinion delivered by Justice Molberg. Justices Reichek and Evans participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
Subject to any agreement between the parties, it is ORDERED that appellee PEDRO GARCIA recover his costs of this appeal from appellants WAL-MART ASSOCIATES, INC., WAL-MART STORES TEXAS, LLC, DBA WAL-MART STORES TEXAS 2007, LLC, WAL-MART STORES TEXAS, LLC DBA WALMART NEIGHBORHOOD MARKET #5624, ET AL. Judgment entered this 3rd day of January 2020.