NUMBER 13-16-00284-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IWR OPERATING, LLC, Appellant,
v.
SUNBREAKER SERVICES, LLC, Appellee.
On appeal from the 135th District Court
of Jackson County, Texas.
MEMORANDUM OPINION
Before Justices Garza, Perkes and Longoria
Memorandum Opinion Per Curiam
Appellant IWR Operating, LLC has filed a motion to dismiss this appeal on grounds
that a bill of review has been granted setting aside the default judgment subject to appeal
in this case. Appellant further states that the deadline for appealing the bill of review has
expired, thereby rendering this appeal moot.
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, we GRANT appellant’s motion to dismiss and we DISMISS the
appeal. 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."). 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
6th day of October, 2016.
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