Melissa Moya as Next Friend of M.O., a Minor Child v. Rene Gutierrez in His Official Capacity as Superintendent for the Edinburg Consolidated Independent School District

NUMBER 13-16-00278-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ MELISSA MOYA AS NEXT FRIEND OF

M.O., A MINOR CHILD, Appellant, v.

RENE GUTIERREZ IN HIS OFFICIAL

CAPACITY AS SUPERINTENDENT

FOR THE EDINBURG CONSOLIDATED

INDEPENDENT SCHOOL DISTRICT, Appellee. ____________________________________________________________ On appeal from the 398th District Court of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION

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

Appellant, Melissa Moya as next friend of M.O., a minor child, filed an appeal from a judgment entered by the 398th District Court of Hidalgo County, Texas, in cause number C-1583-16-I. Appellant has filed an unopposed motion to nonsuit the appeal. We construe the motion to nonsuit as a motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). See TEX. R. APP. P. 42.1(a)(1).

The Court, having considered the documents on file and appellant’s motion to dismiss the appeal, is of the opinion that the motion should be granted. 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

21st day of July, 2016.