                            NUMBER 13-16-00278-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

MELISSA MOYA AS NEXT FRIEND OF
M.O., A MINOR CHILD,                                                        Appellant,

                                          v.

RENE GUTIERREZ IN HIS OFFICIAL
CAPACITY AS SUPERINTENDENT
FOR THE EDINBURG CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT,                        Appellee.
____________________________________________________________

             On appeal from the 398th District Court
                   of Hidalgo County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
               Before Justices Rodriguez, Benavides, and Perkes
                       Memorandum Opinion Per Curiam

      Appellant, Melissa Moya as next friend of M.O., a minor child, filed an appeal from

a judgment entered by the 398th District Court of Hidalgo County, Texas, in cause number

C-1583-16-I.   Appellant has filed an unopposed motion to nonsuit the appeal.        We
construe the motion to nonsuit as a motion to dismiss pursuant to Texas Rule of Appellate

Procedure 42.1(a)(1). See TEX. R. APP. P. 42.1(a)(1).

       The Court, having considered the documents on file and appellant’s motion to

dismiss the appeal, is of the opinion that the motion should be granted. Appellant’s

motion to dismiss is granted, and the appeal is hereby DISMISSED. 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."). Having dismissed the appeal at appellant’s

request, no motion for rehearing will be entertained, and our mandate will issue forthwith.



                                                                      PER CURIAM

Delivered and filed the
21st day of July, 2016.




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