Apex Golf Properties, Inc. v. Frank Scanio, Francis Garrigues, Gay Gilson, Claude F. Gilson, Kathy Barron Heymann, Barbara Smith, Michael Mulvey, Todd Muenster, and Eric Doughty a/k/a Erik Doughty Appeal from 148th District Court of Nueces County (memorandum opinion)
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NUMBER 13-16-00604-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ APEX GOLF PROPERTIES, INC., Appellant, v. FRANK SCANIO, FRANCIS GARRIGUES, GAY GILSON, CLAUDE F. GILSON, KATHY BARRON HEYMANN, BARBARA SMITH, MICHAEL MULVEY, TODD MUENSTER, AND ERIC DOUGHTY A/K/A ERIK DOUGHTY, Appellees. ____________________________________________________________ On appeal from the 148th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Longoria, and Hinojosa Memorandum Opinion by Justice Rodriguez Appellant Apex Golf Properties, Inc., perfected an appeal from a judgment entered by the 148th District Court of Nueces County, Texas, in cause number 2016-DCV-2699-E. Appellant has filed an unopposed motion to dismiss the appeal on grounds that the parties have settled the controversies between them. See TEX. R. APP. P. 42.1(A)(1). Appellant requests that this Court dismiss the appeal. The Court, having abated the appeal on November 8, 2017 pending settlement, now REINSTATES the appeal. Further, considering the documents on file and appellant's unopposed motion to dismiss the appeal, the Court is of the opinion that the motion should be granted. See id. Appellant's unopposed motion to dismiss is GRANTED, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See id. R. 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. NELDA V. RODRIGUEZ Justice Delivered and filed this the 7th day of December, 2017. 2
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