Toribio "Terry" Palacios, in His Official Capacity as Hidalgo County District Attorney v. Monty George Stumbaugh ( 2024 )

NUMBER 13-24-00062-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
TORIBIO “TERRY” PALACIOS,
IN HIS OFFICIAL CAPACITY AS
HIDALGO COUNTY DISTRICT ATTORNEY, Appellant,
v.
MONTY GEORGE STUMBAUGH, Appellee.
____________________________________________________________
ON APPEAL FROM THE 332ND DISTRICT COURT
OF HIDALGO COUNTY, TEXAS
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Silva
Memorandum Opinion by Justice Longoria
This cause is before the Court on an agreed motion to dismiss the appeal. The
parties have resolved the issues in this appeal and request the trial court’s judgment be
set aside and the cause be remanded to the trial court for rendition of judgment in
accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B). Additionally,
the agreed motion states that each party shall bear their own costs.
Upon consideration of the agreed motion, we grant the agreed motion, vacate the
trial court’s order dated January 24, 2024, and entitled Order Granting Plaintiff’s Petition
for Writ of Mandamus, and dismiss the appeal. See id. R. 42.1(a)(2)(B), 43.2(e).
In accordance with the agreement of the parties, costs are taxed against the party
incurring same. 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.
NORA L. LONGORIA
Justice
Delivered and filed on the
13th day of June, 2024.
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