Court of Civil Appeals of Texas, 2019

Celia Marie Salazar, Individually as Next Friend of Her Minor Daughter, E.N.S. v. Helen B. Brown

Celia Marie Salazar, Individually as Next Friend of Her Minor Daughter, E.N.S. v. Helen B. Brown
Court of Civil Appeals of Texas · Decided February 14, 2019

Celia Marie Salazar, Individually as Next Friend of Her Minor Daughter, E.N.S. v. Helen B. Brown

Opinion

NUMBER 13-19-00020-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ CELIA MARIE SALAZAR, INDIVIDUALLY AS NEXT FRIEND OF HER MINOR DAUGHTER, E.N.S., Appellant, v. HELEN E. BROWN, Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 1 of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Benavides, Longoria, and Hinojosa Memorandum Opinion by Justice Benavides Appellant, Celia Marie Salazar, Individually, and as next friend of her minor daughter, E.N.S., filed an appeal from a judgment entered by the County Court at Law No. 1 of Nueces County, Texas, in cause number 2017CCV-60263-1. Appellant has filed a motion to dismiss the appeal on grounds the appeal is moot. Appellee has not filed a response to the motion to dismiss.

The trial court signed a judgment in favor of appellee and against appellant on October 17, 2018. The trial court subsequently granted appellant’s timely motion for new trial on January 30, 2019, while it still had plenary jurisdiction over the case. See TEX. R. CIV. P. 329b (c), (e).

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. See TEX. R. APP. P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is hereby DISMISSED as moot. 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.

GINA M. BENAVIDES, Justice

Delivered and filed the 14th day of February, 2019.

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