Thrive Mortgage, LLC v. Richard Valdez and Krystina Valdez ( 2023 )

NUMBER 13-22-00600-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
THRIVE MORTGAGE, LLC, Appellant,
v.
RICHARD VALDEZ AND KRYSTINA VALDEZ, Appellees.
On appeal from the 430th District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Silva and Peña
Memorandum Opinion by Chief Justice Contreras
Appellees Richard Valdez and Krystina Valdez filed a petition seeking injunctive
relief “to stop a foreclosure.” The trial court signed an order granting a temporary
injunction in favor of appellees, and appellant Thrive Mortgage, LLC filed an interlocutory
appeal challenging the trial court’s order. See TEX. CIV. PRAC. & REM. CODE ANN.
§ 51.014(a)(4); TEX. R. APP. P. 28.1(a).
Appellant has filed a motion to dismiss its appeal, stating it no longer wishes to
pursue its appeal. The Court, having considered appellant’s motion, is of the opinion that
the motion should be granted. 1 See TEX. R. APP. P. 42.1(a)(1). Therefore, appellant’s
motion to dismiss is granted, and the appeal is hereby dismissed. Costs will be taxed
against appellant. See TEX. R. APP. P. 42.1(d) (“Absent agreement of the parties, the court
will tax costs against the appellant.”). Because the appeal is dismissed at appellant’s
request, no motion for rehearing will be entertained.
DORI CONTRERAS
Chief Justice
Delivered and filed on the
20th day of April, 2023.
1 On January 11, 2023, appellees filed a motion which we construed as a motion to dismiss
appellant’s appeal. On February 10, 2023, the Clerk of this Court informed the parties that the motion would
be carried with the case. We now deny appellees’ motion to dismiss as moot.
2