No. 13-17-00110-CV.


Court of Appeals of Texas, Thirteenth District, Corpus Christi, Edinburg.

Attorney(s) appearing for the Case

Rande K. Herrell , Deterrean S. Gamble , John B. Worley , for Office of the Attorney General of Texas, Appellee.

Amber VanSchuyver , Amanda Jane Chisholm , for Berarda Obregon, Appellee.

Jose M. Martinez , for Gabriel A. Cavazos, Appellant.

Before Chief Justice Valdez and Justices Longoria and Hinojosa.


Memorandum Opinion by Justice NORA L. LONGORIA.

Appellant, Gabriel A. Cavazos, filed an appeal from a judgment entered by the 275th District Court of Hidalgo County, Texas, in cause number F-6750-15-E. Appellee filed a motion to dismiss the appeal for lack of jurisdiction. This Court abated the appeal on March 9, 2017, for findings regarding a 306a motion and carried with the case appellee's motion to dismiss. See TEX. R. CIV. P. 306a(4),(5).

Appellant has filed an unopposed motion for non-suit, requesting that this Court dismiss the appeal without prejudice. Accordingly, this case is hereby REINSTATED.

The Court, having considered the documents on file and appellant's unopposed 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 WITHOUT PREJUDICE. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d) Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith. Any pending motions are DISMISSED AS MOOT.


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