Texas Transco v. Thomas Petroleum, LLC ( 2015 )

NUMBER 13-15-00186-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ TEXAS TRANSCO, INC., Appellant, v. THOMAS PETROLEUM, LLC, Appellee. ____________________________________________________________ On appeal from the 347th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Benavides and Perkes Memorandum Opinion Per Curiam Appellant, Texas Transco, Inc., perfected an appeal from a judgment entered by the 377th District Court of Victoria County, Texas, in cause number 13-2-074436-D.1 Appellant has now filed a motion to dismiss this appeal on grounds that it no longer wishes 1 According to the record, the summary judgment subject to appeal in this case was rendered against Texas Transco, Inc. and Bobby Price, individually. Price is not a party to this appeal. to prosecute the appeal. Appellant thus requests that this Court dismiss this cause with prejudice. 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). Appellant’s 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 appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith. PER CURIAM Delivered and filed the 30th day of July, 2015. 2