City of Edinburg, Texas v. Cesar Torres

NUMBER 13-25-00489-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG CITY OF EDINBURG, TEXAS, Appellant, v. CESAR TORRES, Appellee. ON APPEAL FROM THE 139TH DISTRICT COURT OF HIDALGO COUNTY, TEXAS MEMORANDUM OPINION Before Justices Peña, West, and Cron Memorandum Opinion by Justice Peña This cause is before the Court on appellant City of Edinburg, Texas’s “Motion to Dismiss Appeal Without Prejudice.” Appellant informs the Court that this pending interlocutory appeal from the trial court’s denial of its “Second Plea to the Jurisdiction as to [appellee’s] Third Amended Petition” has been superseded by the filing of appellee Cesar Torres’s “Fourth Amended Petition.” The Court, having considered appellant’s motion to dismiss appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a)(1) (allowing the Court to dismiss an appeal “[i]n accordance with a motion of appellant”). Accordingly, we grant appellant’s motion, and the appeal is hereby dismissed. Costs are taxed against appellant. 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. L. ARON PEÑA JR. Justice Delivered and filed on the 18th day of June, 2026. 2