Yolanda Higuera Linan v. Nelcor Puritan Bennett Inc.

NUMBER 13-11-00604-CV COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ YOLANDA HIGUERA LINAN, ET AL., APPELLANTS, v.

NELCOR PURITAN BENNETT INC., ET AL., APPELLEES. ____________________________________________________________

On Appeal from the 275th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Benavides

Memorandum Opinion Per Curiam

Appellants, Yolanda Higuera Linan, et. al, perfected an appeal from a judgment entered by the 275th District Court of Hidalgo County, Texas, in cause number C-015-07-E. Appellants have filed a motion to withdraw the notice of appeal and requests that this Court disregard the notice of appeal.

The Court, having considered the documents on file and appellants’ motion to withdraw the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellants’ motion to withdraw is granted, and the appeal is hereby DISMISSED. Costs will be taxed against appellants. 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 appellants’ request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM Delivered and filed the 20th day of October, 2011.