                             NUMBER 13-12-00686-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

EDEL P. RUISECO,                                                              Appellant,

                                            v.

GLADYS ANN WHITTAKER,                               Appellee.
____________________________________________________________

             On appeal from the County Court at Law
                 of San Patricio County, Texas
____________________________________________________________

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

       Appellant Edel P. Rusieco perfected an appeal from a judgment entered by County

Court at Law of San Patricio County dismissing appellant’s forcible detainer action to evict

appellee from a townhouse that they shared. Appellant has filed a motion to dismiss the

appeal as moot. Appellant informs this Court that appellee has vacated the townhouse

that was the subject of the forcible detainer action. Appellant certifies that the motion
has been served on appellee’s counsel of record, and appellee has responded that she is

not opposed by and through her counsel.

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

dismiss, is of the opinion that the motion should be GRANTED. See TEX. R. APP. P.

42.1(a).   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
1st day of August, 2013.




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