John Flitcroft v. Home State County Mutual Insurance Company Appeal from 25th Judicial District Court of Guadalupe County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00832-CV John FLITCROFT, Appellant v. HOME STATE COUNTY MUTUAL INSURANCE COMPANY, Appellee From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 17-1878-CV-C Honorable William Old, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: February 20, 2019 DISMISSED On February 5, 2019, appellant filed a “Notice of Voluntary Dismissal” stating appellant “voluntarily dismisses his appeal” and counsel for appellee “does not oppose this dismissal.” We construe appellant’s “notice” as a motion to dismiss the appeal, which we grant, and we dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). Although appellant’s notice states: “Each side to bear its own costs and fees,” absent evidence of an agreement between the parties, the rules require that appellant bear the costs of this appeal. TEX. R. APP. P. 42.1(d). PER CURIAM
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