Court of Civil Appeals of Texas, 2013

Edel P. Ruiseco v. Gladys Ann Whittaker

Edel P. Ruiseco v. Gladys Ann Whittaker
Court of Civil Appeals of Texas · Decided August 1, 2013

Edel P. Ruiseco v. Gladys Ann Whittaker

Opinion

NUMBER 13-12-00686-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ EDEL P. RUISECO, Appellant, v. GLADYS ANN WHITTAKER, Appellee. ____________________________________________________________ On appeal from the County Court at Law of San Patricio County, Texas ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Benavides and Longoria Memorandum Opinion Per Curiam Appellant Edel P. Rusieco perfected an appeal from a judgment entered by County Court at Law of San Patricio County dismissing appellant’s forcible detainer action to evict appellee from a townhouse that they shared. Appellant has filed a motion to dismiss the appeal as moot. Appellant informs this Court that appellee has vacated the townhouse that was the subject of the forcible detainer action. Appellant certifies that the motion has been served on appellee’s counsel of record, and appellee has responded that she is not opposed by and through her counsel.

The Court, having considered the documents on file and appellant’s motion to dismiss, 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. 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 1st day of August, 2013.

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