Wardell
v.
Gearhart

This case is not covered by Casetext's citator
COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURGDec 6, 2018
NUMBER 13-18-00496-CV (Tex. App. Dec. 6, 2018)

NUMBER 13-18-00496-CV

12-06-2018

JOHN WARDELL AND LOIS WARDELL, Appellants, v. HENRY GEARHART, JYLAINE GEARHART AND ORION GEARHART, Appellees.


On appeal from the 206th District Court of Hidalgo County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Contreras, and Benavides
Memorandum Opinion by Justice Rodriguez

Appellants, John Wardell and Lois Wardell, filed an appeal from a judgment entered by the 206th District Court of Hidalgo County, Texas, in cause number C-6014-13-D. Appellant has filed an unopposed "Amended Motion for Non-Suit" stating appellants no longer wish to prosecute their cause of action and requests that this Court enter an order with prejudice for refiling.

We construe appellants' motion to be a motion to dismiss the appeal. The Court, having considered the documents on file and the unopposed motion, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The motion to dismiss is granted, and the appeal is hereby DISMISSED WITH PREJUDICE. 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."). Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

NELDA V. RODRIGUEZ


Justice Delivered and filed the 6th day of December, 2018.