Kathleen Abruzzo v. Wind Dancer Condominium Association of Co-Owners, Inc.

NUMBER 13-10-00291-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

____________________________________________________________ KATHLEEN ABRUZZO, Appellant, v.

WIND DANCER CONDOMINIUM ASSOCIATION OF CO-OWNERS, INC., ET AL., Appellees. ____________________________________________________________

On appeal from the 445th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela

Memorandum Opinion Per Curiam This appeal was abated by this Court on June 16, 2010, and the parties were ordered to mediation. This cause is now before the Court on two agreed motions for dismissal with prejudice.1 Accordingly, this case is hereby REINSTATED. The motions for dismissal with prejudice state that all matters in controversy between the parties in this cause have been fully compromised and settled. The parties request that this Court dismiss this case with prejudice.

The Court, having considered the documents on file and the agreed motions for dismissal with prejudice is of the opinion that the motions should be granted. See TEX. R. APP. P. 42.1(a). The agreed motions to dismiss are granted, and the appeal is hereby DISMISSED WITH PREJUDICE. In accordance with the agreement of the parties, costs are taxed against the party incurring same. 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 the parties’ request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM Delivered and filed the 19th day of July, 2012.