No. 13-17-00065-CV.


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

Attorney(s) appearing for the Case

Juan R. Molina, Keith C. Livesay , for Juan R. Molina, Appellee.

Arthur Eugene McCullough , for Nazario Villarreal, Jr., Appellant.

Before Chief Justice Valdez and Justices Longoria and Hinojosa.


Memorandum Opinion by Justice LETICIA HINOJOSA.

This appeal was abated by this Court on March 13, 2017, and the parties were ordered to mediation. This cause is now before the Court on appellant's motion to dismiss the appeal. The certificate of conference reflects that appellee is not opposed to the motion. 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. There being no agreement in the motion regarding costs, pursuant to Rule 42.1(d) of the Texas Rules of Appellate Procedure, all costs are taxed against appellant. 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.


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