Court of Civil Appeals of Texas, 2024

Laurie G. Simmons v. Portfolio Recovery Associates, LLC Assignee of FIA Card Services, N.A. (MBNA)

Laurie G. Simmons v. Portfolio Recovery Associates, LLC Assignee of FIA Card Services, N.A. (MBNA)
Court of Civil Appeals of Texas · Decided August 28, 2024

Laurie G. Simmons v. Portfolio Recovery Associates, LLC Assignee of FIA Card Services, N.A. (MBNA)

Opinion

NUMBER 13-24-00225-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

LAURIE G. SIMMONS, Appellant, v. PORTFOLIO RECOVERY ASSOCIATES, LLC ASSIGNEE OF FIA CARD SERVICES, N.A. (MBNA) Appellee.

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 1 OF CAMERON COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Tijerina and Peña Memorandum Opinion by Chief Justice Contreras This matter is before the Court on appellant’s correspondence dated May 24, 2024 requesting the notice of appeal to be withdrawn which we construe as a motion to dismiss.

It appears the parties have reached an agreement, and appellant wishes to withdraw or dismiss her appeal.

Having considered appellant’s motion to dismiss, we are 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 appellant. See id. R. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”). Because the appeal is dismissed at the appellant’s request, no motion for rehearing will be entertained.

DORI CONTRERAS Chief Justice Delivered and filed on the 28th day of August, 2024.

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