Ricardo Masso v. PlainsCapital Bank

Court: Court of Appeals of Texas
Date filed: 2015-09-02
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                            NUMBER 13-15-00298-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

RICARDO MASSO,                                                          APPELLANT,

                                           v.

PLAINSCAPITAL BANK,                               APPELLEE.
____________________________________________________________

             On Appeal from the 332nd District Court
                   of Hidalgo County, Texas.
____________________________________________________________

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

      Appellant, Ricardo Masso, appeals a final summary judgment rendered against

him in cause number C-5620-14-F in the 332nd District Court of Hidalgo County, Texas.

Appellant has now filed an amended unopposed motion to dismiss this appeal on grounds

that the parties have settled and compromised the dispute at issue in the underlying suit
and this appeal. Appellant thus requests that we dismiss this appeal with all costs

assessed to the party incurring same.

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

motion to dismiss the appeal, is of the opinion that the motion should be granted. See

TEX. R. APP. P. 42.1(a). Accordingly, the appeal is DISMISSED. Costs will be taxed

against the party incurring same. See id. R. 42.1(d) ("Absent agreement of the parties,

the court will tax costs against the appellant."). Pending motions, if any, are likewise

DISMISSED.

      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
2nd day of September, 2015.




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