Court of Civil Appeals of Texas, 2019

in Estate of David Arnold Murray

in Estate of David Arnold Murray
Court of Civil Appeals of Texas · Decided March 7, 2019

in Estate of David Arnold Murray

Opinion

NUMBER 13-19-00012-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ IN ESTATE OF DAVID ARNOLD MURRAY, DECEASED ____________________________________________________________ On appeal from the County Court at Law of Aransas County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Benavides, Longoria, and Hinojosa Memorandum Opinion by Justice Benavides Appellant filed an appeal from a judgment entered by the County Court at Law of Aransas County, Texas, in cause number 6021. Appellant has filed an unopposed amended motion for voluntary dismissal of the appeal. Appellant requests that this Court dismiss the appeal without prejudice.

The Court, having considered the documents on file and appellant’s unopposed amended motion for voluntary dismissal of 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 WITHOUT PREJUDICE. The motion does not specify that the parties have reached an agreement regarding costs.

Therefore, appellant shall pay all costs incurred by reason of this appeal. 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 7th day of March, 2019.

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