HLI Rail and Rigging, LLC. v. Kansas City Southern Rail Way Company and Texas...

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-12-00383-CV

HLI RAIL AND RIGGING, LLC,

Appellant v.

KANSAS CITY SOUTHERN RAIL WAY COMPANY, Texas Mexican Railroad Company, Lone Star Railroad Contractors, Inc., Mexrail, Inc., Felipe Nevarez, Fireman’s Fund Insurance Company, AIG Mexico Securos Interamericana, S.A. de C.V. Chartis Mexico, Zass Recuperos S.A. de C.V., and City Underwriting Agency, Inc. Appellees

From the 229th Judicial District Court, Duval County, Texas Trial Court No. DC-10-338

Honorable Ana Lisa Garza, Judge Presiding PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: November 21, 2012

APPELLANT’S MOTION TO DISMISS GRANTED; APPEAL DISMISSED

Appellant’s brief was due October 15, 2012. When appellant failed to file the brief, appellee Lone Star Railroad Contractors, Inc. filed a motion to dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b). We held appellee’s motion for ten days to permit appellant to file a response. See TEX. R. APP. P. 10.3(a). We held it an additional ten days pursuant to the mailbox rule. See TEX. R. APP. P. 9.2(b). On the tenth day, appellant filed its own motion to dismiss the appeal, stating it no longer desired to pursue the appeal. Accordingly, we grant appellant’s motion to dismiss the appeal, and deny appellee’s motion to dismiss the appeal as moot. See TEX. R. APP. P. 42.1(a)(1). We order all costs assessed against appellant. See TEX. R. APP. P. 42.1(d)(absent agreement of the parties, costs are taxed against appellant).

PER CURIAM