Hoa Dao v. Homeowners of America MGA, Inc.

NUMBER 13-20-00549-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ HOA DAO, Appellant, v. HOMEOWNERS OF AMERICA MGA, INC., Appellee. ____________________________________________________________ On appeal from the 151st District Court of Harris County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Silva Memorandum Opinion by Justice Benavides This matter is before the Court on appellant’s motion to dismiss appeal.1 Appellant asks that costs be assessed against the party incurring the same and has conferred with 1 This case is before the Court on transfer from the First Court of Appeals in Houston pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001. the appellees’ counsel and they do not oppose the motion. The Court, having considered appellant’s unopposed motion, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Accordingly, appellant’s unopposed motion to dismiss is granted and the appeal is hereby dismissed. Costs will be taxed against the party incurring the same. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). GINA M. BENAVIDES Justice Delivered and filed on the 12th day of August, 2021. 2