Progreso Independent School District v. Eleazar Perez, Jr. ( 2008 )

NUMBER 13-08-00162-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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PROGRESO INDEPENDENT SCHOOL DISTRICT, APPELLANT,

v.

ELEAZAR PEREZ, JR., APPELLEE.

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On Appeal from the 389th District Court of Hidalgo County, Texas.

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MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Vela

Memorandum Opinion Per Curiam

Appellant, Progreso Independent School District, has filed an unopposed motion to dismiss this interlocutory appeal on grounds that the appeal has become moot.

The Court, having considered the documents on file and appellant's unopposed 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. Pending motions, if any, are likewise DISMISSED.

Costs are 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

Memorandum Opinion delivered

and filed this the 5th day of June, 2008.