MARGARET KINSLEY INDIVIDUALLY AND ON BEHALF OF LADDIE FRANCES KINSLEY DECEASED APPELLANT v. CARTWRIGHT RANCH HOUSE LLC AND JOHN CLAYTON CARTWRIGHT APPELLEES (2017)

SUPPLEMENTAL MEMORANDUM OPINION 1 AND JUDGMENT

We issued an opinion in this case on April 6, 2017, affirming the trial court's judgment on the jury's verdict. No motion for rehearing was filed. On April 25, 2017, Appellant filed an unopposed motion to dismiss the appeal and requested that we assess the costs of court to the party incurring the same. See Tex. R. App. P. 42.1(a)(1), (d).

We grant the unopposed motion to dismiss, and we vacate our April 6, 2017 judgment; dismiss the appeal; and order the parties to bear their own costs of appeal. The parties have not requested that we withdraw our April 6, 2017 opinion, and we do not do so. See Tex. R. App. P. 42.1(c) (“In dismissing a proceeding, the appellate court will determine whether to withdraw any opinion it has already issued. An agreement or motion for dismissal cannot be conditioned on withdrawal of the opinion.”).

FOOTNOTES

1.   See Tex. R. App. P. 47.4.

PER CURIAM