JOHN EDWARD DIMAS v. JOE IBARRA PUENTE--Appeal from 370th District Court of Hidalgo County (per curiam)

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NUMBER 13-12-00639-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ JOHN EDWARD DIMAS, Appellant, v. NOE IBARRA PUENTE, Appellee. ____________________________________________________________ On appeal from the 370th District Court of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Benavides and Perkes Memorandum Opinion Per Curiam Appellant, John Edward Dimas, perfected an appeal from a judgment entered by the 370th District Court of Hidalgo County, Texas, in cause number C-2649-12-G. The parties have filed a joint motion to dismiss appeal on grounds that the parties have reached an agreement regarding the matters at issue in this appeal. The parties request that this Court dismiss this case without prejudice to appellant s right to contest the validity of the temporary injunctions in any contempt proceeding. The Court, having considered the documents on file and the joint motion to dismiss without prejudice, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The joint motion to dismiss is granted, and the appeal is hereby dismissed without prejudice to appellant s right to contest the validity of the temporary injunctions in any contempt proceeding. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). The parties request immediate issuance of our mandate. See TEX. R. APP. P.18.1(c). The motion is GRANTED. We direct the Clerk of the Court to issue the mandate immediately. PER CURIAM Delivered and filed the 29th day of November, 2012. 2

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