national-heritage-foundation-inc-v-juan-j-mancillas-m-d-and-sylvia ( 2010 )

NUMBER 13-08-00733-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
______________________________________________________________
NATIONAL HERITAGE FOUNDATION, INC., APPELLANT,
v.
JUAN J. MANCILLAS, M. D. AND SYLVIA MANCILLAS,
INDIVIDUALLY AND AS NEXT FRIENDS OF CARLO
LANDA MANCILLAS, AND OMAR LANDA MANCILLAS, APPELLEES.
_____________________________________________________________
On Appeal from the 404th District Court
of Cameron County, Texas.
______________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Yañez and Vela
Memorandum Opinion Per Curiam
Appellant perfected an appeal from a judgment entered by the 404th District Court
of Cameron County, Texas, in cause number 2005-12-6163-G. Appellant has filed an
unopposed motion for voluntary dismissal of appeal with prejudice on grounds that the
parties have reached a settlement. Appellant requests that this Court dismiss the appeal.
This appeal was abated by this Court on February 12, 2009, 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.
The Bankruptcy Court has approved the settlement. Accordingly, this appeal is
REINSTATED.
The Court, having considered the documents on file and appellant’s unopposed
motion for voluntary dismissal of 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 the appellant’s request, no motion
for rehearing will be entertained, and our mandate will issue forthwith.
PER CURIAM
Delivered and filed the 25th
day of February, 2010.
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