Barber Ranches, Ltd., Appellant, v. Daniel Muniga Jr. and Irma Garcia Pena, Appellees. (2016)

Court of Appeals of Texas, Corpus Christi-Edinburg.

Barber Ranches, Ltd., Appellant, v. Daniel Muniga Jr. and Irma Garcia Pena, Appellees.

NUMBER 13–16–00104–CV

Decided: March 24, 2016

Before Chief Justice Valdez and Justices Rodriguez and Garza

MEMORANDUM OPINION

Appellant, Barber Ranches, Ltd., filed an interlocutory appeal from an order entered by the County Court at Law No. 3 of Nueces County, Texas, in cause number 2014CCV–61765–3. Appellant has filed an unopposed first amended motion to dismiss the appeal on grounds that the claims brought in the underlying action have been fully and completely settled and the appeal has now been rendered moot. Appellant requests that this Court dismiss the appeal.

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. 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. Any pending motions are dismissed as moot.

Memorandum Opinion Per Curiam

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