Malolito Investments, LLC, Select Money Management, LLC, Bruce Kaminski, and Kandi Latrece Daniels v. Noehmi Garcia ( 2024 )

NUMBER 13-24-00201-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
MALOLITO INVESTMENTS, LLC,
SELECT MONEY MANAGEMENT, LLC,
BRUCE KAMINSKI, AND
KANDI LATRECE DANIELS, Appellants,
v.
NOEHMI GARCIA, Appellee.
____________________________________________________________
ON APPEAL FROM THE 96TH DISTRICT COURT
OF TARRANT COUNTY, TEXAS
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Tijerina, and Silva
Memorandum Opinion by Justice Tijerina
This cause is before the Court on an agreed motion to dismiss appeal and vacate
trial court judgment.1 The parties have reached a settlement agreement wherein they
1 This case is before the Court on transfer from the Second Court of Appeals pursuant to a docket
equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
agree to dismiss this appeal and vacate the trial court’s order which is the subject of this
appeal.
We grant the motion, vacate the trial court’s order granting plaintiff’s motion for
summary judgment dated December 13, 2023, without reference to the merits, and
remand the case to the trial court for rendition of judgment in accordance with the parties’
agreement. See Tex. R. App. P. 42.1(a)(2)(B), 43.2(d), (e), (f). Costs will be taxed against
the appellants, as there is no clear agreement between the parties regarding costs. See
id. R. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the
appellant.”). Having dismissed the appeal at the parties’ request, no motion for rehearing
will be entertained.
JAIME TIJERINA
Justice
Delivered and filed on the
16th day of May, 2024.
2