esteban-hurtado-gerardo-hurtado-san-juanita-davila-and-cristela-hurtado ( 2012 )

NUMBER 13-12-00160-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ G & L PARTNERSHIP AND ALONSO IBANEZ D/B/A SHOE PALACE, Appellants, v. CITY OF BROWNSVILLE AND BROWNSVILLE PUBLIC UTILITIES BOARD, Appellees. ____________________________________________________________ On appeal from the 138th District Court of Cameron County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam Appellants perfected an appeal from a judgment entered by the 138th District Court of Cameron County, Texas, in cause number 2011-DCL-4240-B. Appellants have filed an amended unopposed notice of nonsuit without prejudice on grounds that they no longer wish to prosecute this cause against appellees. Appellants request that this Court dismiss the appeal. The Court, having considered the documents on file and appellants’ amended unopposed motion, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellant=s motion to dismiss is granted, and the appeal is hereby DISMISSED WITHOUT PREJUDICE. In accordance with the agreement of the parties, costs are taxed against the party incurring same. 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. Any pending motions are dismissed as moot. PER CURIAM Delivered and filed the 7th day of June, 2012. 2