Retail Venture Lp v. Amco Landscaping & Irrigation, Inc.

NUMBER 13-11-00489-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ CORPUS CHRISTI RETAIL VENTURE LP, Appellant, v.

AMCO LANDSCAPING & IRRIGATION, INC., Appellee. ____________________________________________________________

On Appeal from the 28th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Benavides, Vela, and Perkes

Memorandum Opinion Per Curiam Appellant, Corpus Christi Retail Venture LP, filed an appeal from a judgment entered by the 28th District Court of Nueces County, Texas, in cause number 2010-DCV-5071-A. Appellant has filed an unopposed motion to withdraw the appeal on grounds that the appeal was erroneously filed. Appellant requests that this Court withdraw the appeal.

The Court, having considered the documents on file and appellant=s unopposed motion to withdraw the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellant=s motion to withdraw 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."). 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 11th day of August, 2011.