eb-international-llc-and-hidalgo-logisitics-llc-dba-hidalgo-cold ( 2014 )

NUMBER 13-13-00447-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
EB INTERNATIONAL, LLC, AND
HIDALGO LOGISITICS, LLC, D/B/A
HIDALGO COLD STORAGE, A
TEXAS LIMITED LIABILITY COMPANY, Appellants,
v.
JENROB INVESTMENTS, LP,
A TEXAS LIMITED PARTNERSHIP, Appellee.
____________________________________________________________
On appeal from the 332nd District Court
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Longoria
Memorandum Opinion Per Curiam
This appeal was abated by this Court on October 11, 2013, due to the bankruptcy
of one of the parties to this appeal. See 11 U.S.C. § 362; see generally TEX. R. APP. P. 8.
This cause is now before the Court on appellants’ motion to dismiss the appeal on
grounds that the trial court’s partial summary judgment did not dispose of all claims
against the parties and therefore was not a final, appealable judgment. Appellants
request that this Court dismiss the appeal. Accordingly, this case is hereby
REINSTATED.
The Court, having considered the documents on file and appellants’ motion to
dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.
P. 42.1(a). Appellants’ motion to dismiss is granted, and the appeal is hereby
DISMISSED. Costs will be taxed against appellants. 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.
PER CURIAM
Delivered and filed the
6th day of February, 2014.
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