NUMBER 13-24-00332-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

HERITAGE CONSTRUCTION CO., LLC, Appellant, v. MARY WYNELLE PETTY, BY AND THROUGH TERESA LYNN WOODRUM, INDEPENDENT EXECUTRIX OF THE ESTATE OF MARY WYNELLE PETTY, Appellee.

ON APPEAL FROM THE 343RD DISTRICT COURT OF SAN PATRICIO COUNTY, TEXAS

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Silva Memorandum Opinion by Justice Longoria This matter is before the Court on appellant’s motion to dismiss appeal. Appellant no longer wishes to pursue this appeal and asks that costs be assessed against the party incurring them.

The Court, having considered appellant’s motion, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, appellant’s motion to dismiss is granted, and the appeal is hereby dismissed. Costs will be taxed against the party incurring the same. See id. R. 42.1(d). Because the appeal is dismissed at appellant’s request, no motion for rehearing will be entertained.

NORA L. LONGORIA Justice Delivered and filed on the 15th day of August, 2024.