Assisted Living Concepts, Inc., Individually and d/b/a Wren House v. Maria Horn--Appeal from 413th District Court of Johnson County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 10-12-00400-CV

Case Date: 12/27/2012

Plaintiff: Assisted Living Concepts, Inc., Individually and d/b/a Wren House

Defendant: Maria Horn--Appeal from 413th District Court of Johnson County (Majority)

Preview:IN THE TENTH COURT OF APPEALS No. 10-12-00400-CV ASSISTED LIVING CONCEPTS, INC., INDIVIDUALLY AND D/B/A WREN HOUSE, Appellant v. MARIA HORN, Appellee

From the 413th District Court Johnson County, Texas Trial Court No. C201100406 MEMORANDUM OPINION
Assisted Living Concepts, Inc. appealed the trial court's denial of its motion to dismiss pursuant to section 74.351 of the Texas Civil Practice and Remedies Code. It has now filed a motion to dismiss the appeal because Maria Horn has filed a non-suit in the proceeding below and Assisted Living no longer wishes to pursue its appeal.

The motion to dismiss is granted, and this appeal is dismissed. TEX. R. APP. P. 42.1(a)(1). Absent a specific exemption, the Clerk of the Court must collect filing fees at the time a document is presented for filing. TEX. R. APP. P. 12.1(b); Appendix to TEX. R. APP. P., Order Regarding Fees (Amended Aug. 28, 2007, eff. Sept. 1, 2007). See also TEX. R. APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV'T CODE ANN.

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