Nita Harmon Smith v. Padre Isles Property Owners Association, Inc.

                         NUMBER 13-13-00586-CV

                          COURT OF APPEALS

                THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
____________________________________________________________

NITA HARMON SMITH,                                                APPELLANT,

                                       v.

PADRE ISLES PROPERTY OWNERS
ASSOCIATION, INC.,                                APPELLEE.
____________________________________________________________

              On Appeal from the 28th District Court
                   of Nueces County, Texas.
____________________________________________________________

                       MEMORANDUM OPINION
               Before Justices Rodriguez, Garza, and Perkes
                    Memorandum Opinion Per Curiam

      Appellant, Nita Harmon Smith, perfected an appeal from a judgment entered by

the 28th District Court of Nueces County, Texas, in cause number 2012-DCV-1661-A.

Appellant has filed an unopposed motion to dismiss the appeal on grounds that the
parties have reached an agreement to settle and compromise their differences.

Appellant requests that this Court dismiss the appeal with prejudice.

       The Court, having considered the documents on file and appellant’s unopposed

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 WITH PREJUDICE. 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

Delivered and filed the 13th
day of February, 2014.




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