Wynn's Extended Care Inc. v. Horacio Castillo

NUMBER 13-26-00192-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG
____________________________________________________________

WYNN’S EXTENDED CARE INC., Appellant,

v.

HORACIO CASTILLO, Appellee.
____________________________________________________________

ON APPEAL FROM THE COUNTY COURT AT LAW
OF KLEBERG COUNTY, TEXAS
____________________________________________________________

MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Justice Cron

Appellant Wynn’s Extended Care Inc. filed a notice of appeal from a final judgment

in favor of appellee Horacio Castillo. The parties have since filed an “Agreed Motion to

Withdraw Appeal Without Prejudice” signed by counsel for both parties. The parties

informed the Court that the trial court has granted appellant’s motion for new trial, and the

parties would prefer to pursue any potential appeal after retrial.
The Court, having reviewed the parties’ agreement, is of the opinion that the

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

dismiss is granted, and the appeal is hereby dismissed without prejudice to refiling. See

id. R. 42.1(a)(2)(A). Additionally, appellate costs are taxed against 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 the parties’ request, no motion for rehearing will be

entertained.

JENNY CRON
Justice

Delivered and filed on the
2nd day of April, 2026.

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