Agua Special Utility District v. Carmelo Alvarez, Jr.

Court: Court of Appeals of Texas
Date filed: 2015-03-05
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                           NUMBER 13-14-00597-CV

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

AGUA SPECIAL UTILITY DISTRICT,                                            Appellant,

                                          v.

CARMELO ALVAREZ JR.,                                Appellee.
____________________________________________________________

          On appeal from the County Court at Law No. 8
                   of Hidalgo County, Texas.
____________________________________________________________

                       MEMORANDUM OPINION
            Before Justices Benavides, Perkes, and Longoria
                   Memorandum Opinion Per Curiam

      Appellant filed an appeal from a judgment entered by the County Court at Law No.

8 of Hidalgo County, Texas, in cause number CCD-0136-H. Appellant has filed an

amended motion to dismiss the appeal on grounds it no longer wishes to pursue the

appeal. The certificate of conference reflects that appellant was unable to confer with
appellee because appellant does not have a valid phone number or electronic mail

address or facsimile number for appellee.

       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. There being no agreement in the motion regarding costs, pursuant to Rule

42.1(d) of the Texas Rules of Appellate Procedure, all 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."). Having dismissed the appeal at appellant's request, no motion

for rehearing will be entertained, and our mandate will issue forthwith.

                                                                      PER CURIAM

Delivered and filed the
5th day of March, 2015.




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