Midlo Contracting, LLC, a Texas Limited Liability Company v. Richard Rodgers and Dana Rodgers

NUMBER 13-26-00084-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG
____________________________________________________________

MIDLO CONTRACTING, LLC, A
TEXAS LIMITED LIABILITY COMPANY, Appellant,

v.

RICHARD RODGERS
AND DANA RODGERS, Appellees.
____________________________________________________________

ON APPEAL FROM THE 40TH DISTRICT COURT
OF ELLIS COUNTY, TEXAS
____________________________________________________________

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

This matter is before the Court on appellant’s notice of voluntary dismissal of

appeal.1 The notice is construed as a motion to dismiss, as contemplated by Texas Rule

1
This case is before the Court on transfer from the Third Court of Appeals pursuant to a docket
equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. 73.001.
of Appellate Procedure 42.1(a)(1). It is unclear whether appellee opposes the motion, as

it fails to include a certificate of conference. See TEX. R. APP. P. 10.1(a)(5). On March 24,

2026, the Clerk of the Court requested an amended motion. To date appellant has failed

to file an amended motion, but appellee has not filed an objection to the motion.

Therefore, to both expedite this decision and for good cause, we suspend the requirement

that the motion contain a certificate of conference. See id. R. 2.

The Court, having considered appellant’s motion, is of the opinion that the motion

should be granted. See id. 42.1(a)(1). Therefore, the motion to dismiss is granted, and

the appeal is hereby dismissed. Additionally, 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.

JAIME TIJERINA
Chief Justice

Delivered and filed on the
7th day of May, 2026.

2