NUMBER 13-21-00113-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
YISEL RODRIGUEZ, Appellant,
v.
RAFAEL RODRIGUEZ &
WIFE NINFA RODRIGUEZ, Appellees.
On appeal from the 206th District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Silva
Memorandum Opinion by Chief Justice Contreras
This is an interlocutory appeal of a temporary injunction in a trespass to try title
case. The order on appeal, dated April 13, 2021, provides in relevant part that appellant
Yisel Rodriguez and her family must vacate the subject property within forty-five days.
Appellant has filed a motion to dismiss the appeal, stating that the parties have reached
an agreement allowing appellant to stay on the property until July 1, 2021. The motion
states that appellees Rafael Rodriguez and Ninfa Rodriguez are unopposed to the
motion.
This Court, having considered appellant’s unopposed motion, is of the opinion that
the motion to dismiss should be granted. Accordingly, the motion is granted and the
appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). 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.”). Because the appeal is dismissed at appellant’s request, no
motion for rehearing will be entertained, and our mandate will issue forthwith.
DORI CONTRERAS
Chief Justice
Delivered and filed on the
3rd day of June, 2021.
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