NUMBER 13-11-00289-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JOHNNY PARTAIN, Appellant,
v.
JAMES H. MAPLES, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 1
of Hidalgo County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion Per Curiam
Appellant, Johnny Partain, perfected an appeal from a judgment entered by the
County Court at Law No. 1 of Hidalgo County, Texas, in cause number CL-29,530-A. On
September 7, 2011, the appeal was abated and remanded for the trial court to determine
whether it intended the judgment to completely dispose of all claims and all parties. This
appeal is hereby REINSTATED. The parties have filed a joint motion to dismiss and
request that this Court dismiss the appeal.
The Court, having considered the documents on file and the joint motion to
dismiss, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a).
The joint motion to dismiss is granted, and the appeal is hereby DISMISSED. 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
5th day of January, 2012.
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