NUMBER 13-10-00291-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
KATHLEEN ABRUZZO, Appellant,
v.
WIND DANCER CONDOMINIUM ASSOCIATION
OF CO-OWNERS, INC., ET AL., Appellees.
____________________________________________________________
On appeal from the 445th District Court
of Cameron County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Vela
Memorandum Opinion Per Curiam
This appeal was abated by this Court on June 16, 2010, and the parties were
ordered to mediation. This cause is now before the Court on two agreed motions for
dismissal with prejudice.1 Accordingly, this case is hereby REINSTATED. The motions
for dismissal with prejudice state that all matters in controversy between the parties in this
cause have been fully compromised and settled. The parties request that this Court
dismiss this case with prejudice.
The Court, having considered the documents on file and the agreed motions for
dismissal with prejudice is of the opinion that the motions should be granted. See TEX.
R. APP. P. 42.1(a). The agreed motions to dismiss are granted, and the appeal is hereby
DISMISSED WITH PREJUDICE. In accordance with the agreement of the parties, costs
are taxed against the party incurring same. 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 the parties’ request, no motion for rehearing will be entertained,
and our mandate will issue forthwith.
PER CURIAM
Delivered and filed the
19th day of July, 2012.
1
One motion was filed by appellant and appellees Wind Dancer Condominium Association of Co-Owners
and Charla Gray Tibbetts Individually and d/b/a Gray Realty and Property Management. Another motion
was filed by appellant and appellees First Spectrum Homes, Inc., First Spectrum Ltd. and First Spectrum
Construction Corporation.
2