COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
R & M THOMASON FAMILY LIMITED §
PARTNERSHIP, Individually and
Derivatively on Behalf of Both CBIF §
LIMITED PARTNERSHIP and
COLUMBIA AIRPORT, L.L.C., § No. 08-13-00030-CV
Appellants, § Appeal from the
v. § 141st Judicial District Court
STEVE K. FLORY, JORGE E. § of Tarrant County, Texas
CANSECO, COLUMBIA BROKERAGE
INVESTMENTS, INC., CCC § (TC# 141-253166-11)
MONTERREY PARTNERS LP, CBIF
LIMITED PARTNERSHIP, and §
COLUMBIA AIRPORTS LLC,
§
Appellees.
MEMORANDUM OPINION
Appellants, R & M Thomason Family Limited Partnership, individually and derivatively
on behalf of both CBIF LIMITED PARTNERSHIP and COLUMBIA AIRPORT, L.L.C., have
filed a motion to dismiss their appeal against Appellees, Steve K. Flory, Jorge E. Canseco,
Columbia Brokerage Investments, Inc., CCC Monterrey Partners LP, CBIF Limited Partnership,
and Columbia Airports LLC. As permitted by the Texas Rules of Appellate Procedure, we may
dismiss an appeal “[i]n accordance with a motion of appellant . . . unless [dismissing the appeal]
would prevent a party from seeking relief to which it would otherwise be entitled.” TEX.R.APP.P.
42.1(a)(1). The motion to dismiss has been on file for more than ten days and indicates it has been
served upon Appellees’ counsel and that Appellees do not oppose the motion. As of today, we
have received no response or opposition to the motion. Because Appellants have complied with
the requirements of Rule 42.1(a)(1) and no opposing party has sought relief, we grant the motion
and dismiss the appeal. Because there is no agreement between the parties as to costs, we assess
costs against Appellants. See TEX.R.APP.P. 42.1(d)(absent agreement of the parties, the court
will tax costs against the appellant).
May 29, 2013
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
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