John Beaman, Individually and D/B/A the Bridges at Mission v. Constellation New Energy, Inc.

NUMBER 13-11-00695-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ JOHN BEAMAN, INDIVIDUALLY AND

D/B/A THE BRIDGES AT MISSION, Appellant, v.

CONSTELLATION NEW ENERGY, INC., Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 1 of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant, John Beaman, Individually and d/b/a The Bridges at Mission, perfected an appeal from a judgment entered by the County Court at Law No. 1 of Hidalgo County, Texas, in cause number CL-11-2047-A. The parties have filed an agreed motion for voluntary dismissal of appeal on grounds that all matters in controversy between them in this cause have been fully compromised and settled. The parties request that this Court dismiss this appeal.

The Court, having considered the documents on file and the agreed motion to dismiss, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The agreed motion to dismiss is granted, and the appeal is hereby DISMISSED. 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

2nd day of February, 2012.