City of McAllen v. Suzanne and Nelson Lewis, Jose Salas, Don Deshazo, Ruth Bostich, and Angelica Vela

NUMBER 13-13-00332-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
CITY OF MCALLEN, Appellant,
v.
SUZANNE LEWIS AND NELSON
LEWIS, JOSE SALAS, DON
DESHAZO, RUTH BOSTICH,
AND ANGELICA VELA, Appellees.
____________________________________________________________
On appeal from the 389th District Court
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam
Appellant, the City of McAllen, perfected an accelerated appeal from an order
entered by the 389th District Court of Hidalgo County, Texas denying appellant's plea to
the jurisdiction in cause number C-0790-13-H. Appellant has filed a motion to voluntarily
dismiss its appeal under rule 42.1(a)(1) on grounds that issues affecting this appeal have
been raised by appellees in a second amended petition filed during the pendency of the
appeal. Appellant requests that this Court dismiss the appeal so it may address those
issues in the trial court.
The Court, having considered the documents on file and appellant's motion to
voluntarily dismiss the appeal,1 is of the opinion that the motion should be granted. See
TEX. R. APP. P. 42.1(a)(1). Dismissal will not prevent any party from seeking relief to
which it would otherwise be entitled. See id. Appellant's motion to dismiss is therefore
granted, and the appeal is hereby DISMISSED. Because there is no agreement
between the parties, costs are taxed against appellant. See TEX. R. APP. P. 42.1(d).
Having dismissed the appeal at appellant's request, no motion for rehearing will be
entertained, and our mandate will issue forthwith.
PER CURIAM
Delivered and filed the 13th
day of February, 2014.
1
Appellant's motion indicates that appellees oppose the motion to dismiss. The Court requested
a response from appellees to appellant's motion, but more than an adequate period of time has passed and
appellees have filed no response.
2