Summar Financial, LLC v. Betancourt & Company, LLC and Euler Hermes, Inc.

Court: Court of Appeals of Texas
Date filed: 2015-09-03
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Combined Opinion
                            NUMBER 13-15-00338-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

SUMMAR FINANCIAL, LLC,                                                 APPELLANT,

                                          v.

BETANCOURT & COMPANY,
LLC AND EULER HERMES, INC.,                       APPELLEE.
____________________________________________________________

          On appeal from the County Court at Law No. 7
                   of Hidalgo County, Texas.
____________________________________________________________

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

      Appellant, Summar Financial, LLC, appeals an order dismissing its cause of action

and granting a post-judgment default against it signed by the trial court on May 7, 2015

in cause number CL-13-1724-G in the County Court at Law Number Seven of Hidalgo

County, Texas. Appellant has now filed an unopposed motion to dismiss this appeal on
grounds that this appeal has been rendered moot by subsequent actions in the trial court.

Appellant thus requests that we dismiss this appeal.

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

appellant. 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
3rd day of September, 2015.




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