Vets Securing America, Inc. v. Edward Smith Appeal from County Court at Law No. 2 of Nueces County (memorandum opinion)
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NUMBER 13-21-00321-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG VETS SECURING AMERICA, INC., Appellant, v. EDWARD SMITH, Appellee. On appeal from the County Court at Law No. 2 of Nueces County, Texas. MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Longoria Memorandum Opinion by Chief Justice Contreras This is an interlocutory appeal of the trial court’s September 14, 2021 order denying a “Motion to Reinstate Stay of Trial Proceedings.” Appellant Vets Securing America, Inc. has filed a motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a). The motion states that appellee Edward Smith is unopposed to the motion and that dismissal would not prevent appellee from seeking relief to which he would otherwise be entitled. This Court, having considered appellant’s unopposed motion, is of the opinion that the motion to dismiss should be granted. Accordingly, the motion is granted and the appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”). Because the appeal is dismissed at appellant’s request, no motion for rehearing will be entertained. DORI CONTRERAS Chief Justice Delivered and filed the 13th day of January, 2022. 2
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