NUMBER 13-15-00406-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOHN HUBBARD, Appellant,
v.
CUE FINANCIAL GROUP, INC., AND
FOOTHILL SECURITIES, INCORPORATED, Appellees.
On appeal from the 105th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Longoria
Memorandum Opinion Per Curiam
Appellant perfected an appeal from a judgment entered by the 105th District Court
of Nueces County, Texas, in cause number 2011-DCV-5694-D. This cause is presently
before the Court on an agreed motion to dismiss appeal as to Cue Financial Group, Inc.
and Foothill Securities, Incorporated.1
1 This cause was severed from appellate cause number 13-15-000138-CV.
John Hubbard and appellees Cue Financial Group, Inc. (“Cue”), and Foothill
Securities, Incorporated (“Foothill”), have filed an agreed motion to dismiss the portion of
the appeal pertaining to Cue and Foothill pursuant to Texas Rule of Appellate Procedure
42.1. See TEX. R. APP. P. 42.1. According to the agreed motion, Hubbard, Cue, and
Foothill have settled all matters in controversy between them and have entered into a
settlement agreement. Pursuant to the settlement, appellant has agreed to dismiss his
appeal against Cue and Foothill with prejudice, with all fees and costs taxed against the
party incurring same. The agreed motion to dismiss is not opposed by the other parties
to this appeal.
The Court, having considered the documents on file and the agreed motion to
dismiss, is of the opinion that the motion should be granted. See id. 42.1(a). The
agreed motion to dismiss Hubbard’s appeal as to Cue and Foothill is GRANTED and the
appeal is DISMISSED WITH PREJUDICE. Pursuant to the agreement of the parties,
costs will be taxed against the party incurring same. See id. R. 42.1(d). Having
dismissed the appeal at parties’ request, no motion for rehearing will be entertained, and
our mandate will issue forthwith.
PER CURIAM
Delivered and filed the
17th day of September, 2017.
2