Juanita Colwell v. Harry Cash Colwell III ( 2018 )

NUMBER 13-18-00136-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ JUANITA COLWELL, Appellant, v. HARRY CASH COLWELL III, Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 7 of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Contreras and Benavides Memorandum Opinion by Justice Benavides Appellant filed an appeal from a judgment entered by the County Court at Law No. 7 of Hidalgo County, Texas, in cause number F-6584-16-7. Appellant has filed a motion for voluntary dismissal of the appeal. Appellant requests that this Court dismiss the appeal with prejudice. The certificate of conference reflects that appellee does not object to the dismissal of this appeal. The Court, having considered the documents on file and appellant’s unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is hereby DISMISSED WITH PREJUDICE. The motion does not specify that the parties have reached an agreement regarding costs. Therefore, Appellant shall pay all costs incurred by reason of this appeal. See TEX. R. APP. P. 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. GINA M. BENAVIDES, Justice Delivered and filed the 13th day of December, 2018. 2