The City of Cibolo, Mark D. Allen, and City Council Members Terrence G. Benson, Randall R. Roberts, Robert P. Mahoney, Katie K. Cunningham, Norma Sanchez-Stephens, Richard G. Hetzel, and Joel W. Hicks v. Superior Ready Mix of Texas, LLC ( 2024 )

NUMBER 13-23-00521-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
THE CITY OF CIBOLO,
MARK D. ALLEN, AND
CITY COUNCIL MEMBERS
TERRENCE G. BENSON,
RANDALL R. ROBERTS,
ROBERT P. MAHONEY,
KATIE K. CUNNINGHAM,
NORMA SANCHEZ-STEPHENS,
RICHARD G. HETZEL,
AND JOEL W. HICKS, Appellants,
v.
SUPERIOR READY MIX OF TEXAS, LLC, Appellee.
On appeal from the 25th District Court
of Guadalupe County, Texas.
MEMORANDUM OPINION
Before Justices Longoria, Silva, and Peña
Memorandum Opinion by Justice Silva
This matter is before the Court on appellants’ amended unopposed motion to
dismiss appeal. 1 After this appeal was perfected, appellee filed a notice of nonsuit in the
trial court which renders the issues in this appeal moot.
The Court, having considered appellants’ amended unopposed motion to dismiss
appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a)(1).
Therefore, the appellants’ amended unopposed motion to dismiss is GRANTED, and the
appeal is hereby dismissed. Costs will be taxed against the appellants. See id. R. 42.1(d)
(“Absent agreement of the parties, the court will tax costs against the appellant.”).
Because the appeal is dismissed at the appellants’ request, no motion for rehearing will
be entertained.
CLARISSA SILVA
Justice
Delivered and filed on the
15th day of February, 2024.
1 This case is before the Court on transfer from the Fourth Court of Appeals pursuant to a docket
equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
2