Bennie Jones v. Cecil Salazar Appeal from 35th District Court of Brown County (memorandum opinion per curiam)
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Opinion filed April 8, 2021 In The Eleventh Court of Appeals ___________ No. 11-21-00011-CV ___________ BENNIE JONES, Appellant V. CECIL SALAZAR, Appellee On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CV1701025 MEMORANDUM OPINION Appellant, Bennie Jones, has filed in this court a motion to dismiss his appeal. In the motion, Appellant states that the parties to this appeal have settled and compromised all of the claims at issue in this appeal, and Appellant requests that this court dismiss the appeal. In accordance with Appellant’s request, we dismiss this appeal. See TEX. R. APP. P. 42.1. We note that Appellant has requested that the costs of this appeal be taxed against the party that incurred them. “Absent agreement of the parties,” however, costs in a civil case involving a voluntary dismissal shall be taxed against the appellant. TEX. R. APP. P. 42.1(d). Appellant’s motion contains neither a certificate of conference nor an indication of an agreement with respect to the assessment of costs. Therefore, costs of this appeal are taxed against Appellant. Appellant’s motion to dismiss is granted, and the appeal is dismissed. PER CURIAM April 8, 2021 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J. 2
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