Ewing Construction, Co., Inc. v. World Environmental, LLC and Michael Ishee ( 2012 )

NUMBER 13-12-00418-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ EWING CONSTRUCTION, CO., INC., APPELLANT, v. WORLD ENVIRONMENTAL, LLC AND MICHAEL ISHEE, APPELLEES. ____________________________________________________________ On Appeal from the 117th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Perkes Memorandum Opinion Per Curiam Appellant perfected an appeal from a judgment entered by the 117th District Court of Nueces County, Texas, in cause number 2011-DCV-3529-B. Appellant has filed an unopposed motion to dismiss the appeal on grounds that the parties have reached a settlement. Appellant requests that this Court dismiss the appeal. 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. 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 13th day of December, 2012. 2