Josh Eugene Comstock v. Rebecca Anne Comstock

NUMBER 13-11-00517-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ JOSH EUGENE COMSTOCK, Appellant, v.

REBECCA ANNE COMSTOCK, Appellee. ____________________________________________________________

On Appeal from the 94th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Benavides

Memorandum Opinion Per Curiam Appellant, Josh Eugene Comstock, filed an appeal from a judgment entered by the 94th District Court of Nueces County, Texas, in cause number 10-0889-C. Appellant has filed an unopposed motion to dismiss the appeal on grounds that the parties have reached an agreement to settle and compromise their differences. Appellant requests that this Court dismiss the 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. Any pending motions are dismissed as moot.

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."). Having dismissed the appeal at appellant=s 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.