OASIS, A TEXAS GENERAL PARTNERSHIP v. WILLIAM P. SAGE--Appeal from 135th District Court of Victoria County

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NUMBER 13-09-00562-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ OASIS, A TEXAS GENERAL PARTNERSHIP, Appellant, v. WILLIAM P. SAGE, Appellee. ____________________________________________________________ On appeal from the 135th District Court of Victoria County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Justices Yañez and Benavides and Vela Memorandum Opinion Per Curiam Appellant, Oasis, a Texas General Partnership, perfected an appeal from a judgment entered by the 135th District Court of Victoria County, Texas, in cause number 05-5-62,750-B. Appellant has filed a motion to dismiss the appeal on grounds that the parties have settled all controversies and the judgment the subject of appellant s notice of appeal has now been set aside by the trial court. Appellant requests that this Court dismiss the appeal. The Court, having considered the documents on file and appellant s 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. Costs will be 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. PER CURIAM Memorandum Opinion delivered and filed this the 12th day of November, 2009. 2

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