City of Edinburg, Texas v. Cesar Torres

NUMBER 13-25-00489-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

CITY OF EDINBURG, TEXAS, Appellant,

v.

CESAR TORRES, Appellee.

ON APPEAL FROM THE 139TH DISTRICT COURT
OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Peña, West, and Cron
Memorandum Opinion by Justice Peña

This cause is before the Court on appellant City of Edinburg, Texas’s “Motion to

Dismiss Appeal Without Prejudice.” Appellant informs the Court that this pending

interlocutory appeal from the trial court’s denial of its “Second Plea to the Jurisdiction as

to [appellee’s] Third Amended Petition” has been superseded by the filing of appellee

Cesar Torres’s “Fourth Amended Petition.” The Court, having considered appellant’s
motion to dismiss appeal, is of the opinion that the motion should be granted. See TEX.

R. APP. P. 42.1(a)(1) (allowing the Court to dismiss an appeal “[i]n accordance with a

motion of appellant”). Accordingly, we grant appellant’s motion, and the appeal is hereby

dismissed. 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 appellant’s request, no motion for rehearing will be entertained.

L. ARON PEÑA JR.
Justice

Delivered and filed on the
18th day of June, 2026.

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