the Lord's House of Refuge v. City of Pharr

NUMBER 13-08-103-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG _______________________________________________________ _ THE LORD’S HOUSE OF REFUGE, Appellant, v. CITY OF PHARR, Appellee. ________________________________________________________ On Appeal from the County Court at Law No. 4 of Hidalgo County, Texas. ________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion Per Curiam Appellant, The Lord’s House of Refuge, perfected an appeal from a judgment entered by in trial court cause number CL-07-1755-D by the County Court at Law No. 4 of Hidalgo County, Texas. Appellant has filed a motion to dismiss the appeal on grounds that the matter has been resolved between the parties, and, accordingly, it no longer desires to prosecute 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. PER CURIAM Memorandum Opinion delivered and filed this the 13th day of March, 2008. 2