Dean Edward Barrera v. Ruby Venus

NUMBER 13-19-00584-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
DEAN EDWARD BARRERA, Appellant,
v.
RUBY VENUS, Appellee.
____________________________________________________________
On appeal from the 445th District Court
of Cameron County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Perkes
Memorandum Opinion by Justice Perkes
Appellant, Dean Edward Barrera, appealed a judgment entered by the 445th
District Court in Cameron County, Texas in cause number 2018-DCL-06103-I.
Appellant has filed a motion to dismiss his appeal. More than ten days have passed,
and appellee has not filed a response to the motion to dismiss. See TEX. R. APP. P.
10.3 (a).
The Court, having considered the documents on file and appellant’s motion
to dismiss the appeal, is of the opinion that the motion should be granted. See TEX.
R. APP. P. 42.1(a). Based on our review of the record, dismissal of the appeal would
not prevent a party from seeking relief to which it would otherwise be entitled. See
id. 42.1(a)(1). Accordingly, appellant’s motion to dismiss is granted, and the appeal is
hereby DISMISSED. Pending motions, if any, are likewise DISMISSED. Costs will
be taxed against appellant. See id. 42.1(d) (“Absent agreement of the parties, the
court will tax costs against the appellant.”). Having dismissed the appeal at
appellant’s request, no motion for rehearing will be entertained, and our mandate will
issue forthwith.
GREGORY T. PERKES
Justice
Delivered and filed the
20th day of December, 2019.
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