the Herman Lindley Trust, Herman Jay Lindley, and Henry Arthur Lindley v. Ccatt Llc

                               NUMBER 13-22-00025-CV

                                  COURT OF APPEALS

                       THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI – EDINBURG
____________________________________________________________

THE HERMAN LINDLEY TRUST,
HERMAN JAY LINDLEY, AND
HENRY ARTHUR LINDLEY,                                                                    Appellants,

                                                             v.

CCATT LLC,                                          Appellee.
____________________________________________________________

              On appeal from the 51st District Court
                    of Irion County, Texas.
____________________________________________________________

                              MEMORANDUM OPINION
               Before Justices Benavides, Hinojosa, and Tijerina
                 Memorandum Opinion by Justice Benavides

        This matter is before the Court on a joint motion to dismiss due to settlement.1 The

parties request the appeal be dismissed, as the parties have executed a final settlement




        1 The case is before the Court on a transfer from the Third Court of Appeals pursuant to a docket
equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
of their dispute. Furthermore, there is no longer a justiciable controversy between the

parties to this appeal.

       The Court, having considered the joint motion, is of the opinion that the motion

should be granted. See TEX. R. APP. P. 42.1(a)(2). Therefore, the joint motion to dismiss

is granted, and the appeal is hereby dismissed. In accordance with the joint motion and

agreement of the parties, costs will be taxed against the party incurring the same. See

TEX. R. APP. P. 42.1(d). Because the appeal is dismissed at the parties’ request, no

motion for rehearing will be entertained.



                                                             GINA M. BENAVIDES
                                                             Justice

Delivered and filed on the
15th day of December, 2022.




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