Juanita McClinchie, as Next Friend of K.M., Jr., a Minor v. Ernesto Perales ( 2021 )

NUMBER 13-20-00471-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JUANITA MCCLINCHIE, AS NEXT FRIEND
OF K.M. JR., A MINOR, Appellant,
v.
ERNESTO PERALES, Appellee.
On appeal from the County Court at Law No. 3
of Bexar County, Texas.
MEMORANDUM OPINION
Before Justices Benavides, Hinojosa, and Silva
Memorandum Opinion by Justice Hinojosa
Appellant Juanita McClinchie, as next friend of K.M. Jr., a minor, appealed a take-
nothing summary judgment rendered against her in a personal injury case arising from a
vehicular collision. 1 She has now filed an unopposed motion to dismiss her appeal on
grounds that the parties have reached an agreed settlement which is dispositive of the
issues raised in this appeal. Appellant thus requests that we dismiss this appeal.
The Court, having examined and fully considered the unopposed motion to dismiss
the appeal, is of the opinion that it should be granted. See TEX. R. APP. P. 42.1(a)(1)
(allowing the court to “dismiss the appeal or affirm the appealed judgment or order unless
such disposition would prevent a party from seeking relief to which it would otherwise be
entitled”). Accordingly, we grant the motion to dismiss, and we dismiss the appeal. Costs
will be taxed against the appellant. See id. R. 42.1(d) (“Absent agreement of the parties,
the court will tax costs against the appellant.”).
LETICIA HINOJOSA
Justice
Delivered and filed on the
8th day of April, 2021.
1 The appeal was transferred to this Court from the Fourth Court of Appeals in San Antonio
pursuant to a docket equalization order issued by the Texas Supreme Court. See TEX. GOV'T CODE ANN.
§§ 73.001, 22.220(a).
2