Court of Civil Appeals of Texas, 2024

Alberto Villarreal Zolezzi v. Montanaro Investments, LLC, Francisco J. Montanaro A/K/A Frank Montanaro, Jose Rene Tijerina, and Energeticos Citricola, Inc.

Alberto Villarreal Zolezzi v. Montanaro Investments, LLC, Francisco J. Montanaro A/K/A Frank Montanaro, Jose Rene Tijerina, and Energeticos Citricola, Inc.
Court of Civil Appeals of Texas · Decided March 7, 2024

Alberto Villarreal Zolezzi v. Montanaro Investments, LLC, Francisco J. Montanaro A/K/A Frank Montanaro, Jose Rene Tijerina, and Energeticos Citricola, Inc.

Opinion

NUMBER 13-24-00044-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ALBERTO VILLARREAL ZOLEZZI, Appellant, v. MONTANARO INVESTMENTS, LLC, FRANCISCO J. MONTANARO A/K/A FRANK MONTANARO, JOSE RENE TIJERINA, AND ENERGETICOS CITRICOLA, INC., Appellees.

On appeal from the 445th District Court of Cameron County, Texas.

MEMORANDUM OPINION Before Justices Benavides, Tijerina, and Silva Memorandum Opinion by Justice Benavides This matter is before the Court on appellant’s motion to withdraw appellant’s notice of appeal which we construe as a motion to dismiss. Appellant does not wish to pursue his claims and requests withdrawal of his notice of 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 TEX. R. APP. P. 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.

GINA M. BENAVIDES Justice Delivered and filed on the 7th day of March, 2024.

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