Rosa Enna Mendez v. Rogelio Mendez, Jr.

NUMBER 13-05-757-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ROSE ENNA MENDEZ, Appellant,

v.

ROGELIO MENDEZ, JR., Appellee.

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On appeal from County Court at Law No. 2 of Hidalgo County Texas.

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MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Benavides

Memorandum Opinion Per Curiam

Appellant, ROSE ENNA MENDEZ, perfected an appeal from a judgment entered by the County Court at Law No. 2 of Hidalgo County, Texas, in cause number F-2806-00-2. After the record and briefs were filed, this matter was abated and remanded to the trial court for a hearing at which appellant was to be given the opportunity to develop an evidentiary record in support of her argument that the trial court no longer has continuing jurisdiction over this matter. Appellee has now filed a motion to dismiss the appeal. In his motion, appellee states that, at the hearing, counsel for appellant stated on the record that no evidence would be presented and that the appeal would be dismissed. Appellee requests that this Court dismiss the appeal and that the judgment of the court below be affirmed.

The Court, having considered the documents on file and appellee's motion to dismiss the appeal, is of the opinion that the motion should be granted. Appellee's motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed this

the 24^th day of May, 2007.