In the Matter of the Marriage of Tammy Lee Cruey and Stephen Paul Cruey and Stephen Paul Cruey v. Elena Lemke and Beautifully Modest Boutique, LLC D/B/A Beautifully Modest and Beautifully Modest Boutique (An Ohio Entity)

NUMBER 13-24-00514-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF THE MARRIAGE
OF TAMMY LEE CRUEY AND
STEPHEN PAUL CRUEY AND
STEPHEN PAUL CRUEY, Appellants,

v.

ELENA LEMKE AND BEAUTIFULLY
MODEST BOUTIQUE, LLC D/B/A
BEAUTIFULLY MODEST AND
BEAUTIFULLY MODEST BOUTIQUE
(AN OHIO ENTITY), Appellees.

ON APPEAL FROM THE 18TH DISTRICT COURT
OF JOHNSON COUNTY, TEXAS

MEMORANDUM OPINION
Before Justices Silva, Peña, and Cron
Memorandum Opinion by Justice Peña
This matter is before the Court on a joint motion for non-suit. 1 The joint motion for

non-suit is construed by this Court as a motion to dismiss.

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)(2). See TEX. R. APP. P.

42.1(a)(2). 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 appellants’ request, no motion for rehearing will be entertained.

L. ARON PEÑA JR.
Justice

Delivered and filed on the
10th day of July, 2025.

1
This case is before the Court on transfer from the Tenth Court of Appeals pursuant to a docket
equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.

2