Edwin Cann v. Sean Waters and Michaela Waters

NUMBER 13-25-00296-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

EDWIN CANN, Appellant,

v.

SEAN WATERS AND
MICHAELA WATERS, Appellees.

ON APPEAL FROM THE 105TH DISTRICT COURT
OF KLEBERG COUNTY, TEXAS

MEMORANDUM OPINION
Before Justices Silva, Peña, and Cron
Memorandum Opinion by Justice Silva

This cause is before the Court on appellant’s motion to dismiss this appeal.

According to the appellant’s motion, he “now voluntarily seeks to have his appeal

dismissed to pursue his case in the lower court.”

Having considered the motion, we are of the opinion that the appeal shall be

dismissed pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). See TEX. R. APP.
P. 42.1(a)(1). Therefore, the motion to dismiss is granted, and the appeal is hereby

dismissed. The costs are taxed against the 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.

CLARISSA SILVA
Justice

Delivered and filed on the
31st day of July, 2025.

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