Industrial Asphalt, LLC v. Jose Santana Diaz ( 2023 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00157-CV
INDUSTRIAL ASPHALT, LLC, APPELLANT
V.
JOSE SANTANA DIAZ, APPELLEE
On Appeal from the 345th District Court
Travis County, Texas
Trial Court No. D-1-GN-19-003305, Honorable Jessica Mangrum, Presiding
May 15, 2023
MEMORANDUM OPINION
Before PARKER and DOSS and YARBROUGH, JJ.
Appellant, Industrial Asphalt, LLC, appeals from the trial court’s Final Judgment.1
Now pending before this Court is Appellant’s unopposed motion seeking voluntary
dismissal of the appeal. The Court finds that the motion complies with the requirements
of Rule of Appellate Procedure 42.1(a)(1) and that granting the motion will not prevent
1
Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the
Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001.
any party from seeking relief to which it would otherwise be entitled. As no decision of
the Court has been delivered to date, we grant the motion. The appeal is dismissed.
Because the motion does not reflect an agreement of the parties concerning the payment
of costs, costs will be taxed against Appellant. See TEX. R. APP. P. 42.1(d). No motion
for rehearing will be entertained and our mandate will issue forthwith.
Per Curiam
2