Hilda Hernandez v. Point Isabel Independent School District and Mike Morath, Commissioner of Education Appeal from 357th District Court of Cameron County (memorandum opinion)
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NUMBER 13-17-00286-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ HILDA HERNANDEZ, Appellant, v. POINT ISABEL INDEPENDENT SCHOOL DISTRICT AND MIKE MORATH, COMMISSIONER OF EDUCATION, Appellees. ____________________________________________________________ On appeal from the 357th District Court of Cameron County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Longoria, and Hinojosa Memorandum Opinion by Justice Rodriguez Appellant Hilda Hernandez perfected an appeal from a judgment entered by the 357th District Court of Cameron County, Texas, in cause number 2016-DCL-04358. Appellant has filed an agreed motion to dismiss the appeal on grounds that “the parties have reached a comprehensive resolution of their dispute, including this appellate proceeding and the underlying lawsuit in the 357th Judicial District Court, these proceedings are now moot.” Appellant requests that this Court dismiss the appeal. See TEX. R. APP. P. 42.1. The Court, after considering appellant's agreed motion to dismiss and all documents on file, including the October 31, 2017, letter response filed by appellees Point Isabel Independent School District and Mike Morath, Commissioner of Education, is of the opinion that the motion should be granted. See id. R. 42.1(a). Appellant’s agreed motion to dismiss is GRANTED, and the appeal is hereby DISMISSED. In accordance with the agreed motion’s request that we “order that each party bear its own costs of appeal,” 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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