Sandra Flores and Anita M. Flores v. Propel Tax and Javier Hernandez
Docket 13-26-00173-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 13th District
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 13-26-00173-CV
Appeal from the 92nd District Court of Hidalgo County, Texas; parties filed an agreed motion to dismiss the appeal.
Summary
The Court of Appeals for the Thirteenth District granted an agreed motion to dismiss an appeal brought by Sandra Flores and Anita M. Flores against Propel Tax and Javier Hernandez. The parties told the court they resolved their dispute and asked for dismissal. The court granted the motion under the Texas Rules of Appellate Procedure, dismissed the appeal, taxed the appellate costs to the appellants, and declined to consider any motion for rehearing because the appeal was dismissed at the parties' request.
Issues Decided
- Whether the appeal should be dismissed pursuant to the parties' agreed motion to dismiss under Texas Rule of Appellate Procedure 42.1(a)(1).
- Whether appellate costs should be taxed against the appellants under Texas Rule of Appellate Procedure 42.1(d).
Court's Reasoning
The court accepted the parties' representation that they resolved their dispute and requested dismissal, which is permitted by the Texas Rules of Appellate Procedure. Because the dismissal was by agreement, the court followed the rule that absent agreement the appellant bears costs and thus taxed costs against the appellants. The court also declined to consider rehearing motions after dismissing the appeal at the parties' request.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.1(a)(1), 42.1(d)
Parties
- Appellant
- Sandra Flores
- Appellant
- Anita M. Flores
- Appellee
- Propel Tax
- Appellee
- Javier Hernandez
- Judge
- Jenny Cron
Key Dates
- Decision date
- 2026-04-09
What You Should Do Next
- 1
Confirm settlement terms
If you are a party, ensure the settlement agreement resolving the dispute is finalized and all required actions under it are completed.
- 2
Pay taxed costs
Appellants should arrange payment of the appellate costs that were taxed against them, or consult counsel if there is a dispute about those costs.
- 3
Close the matter with trial court if needed
If further filings or dismissals are required in the trial court to reflect the settlement, coordinate with counsel to file any necessary documents.
Frequently Asked Questions
- What did the court decide?
- The court granted the parties' agreed motion and dismissed the appeal.
- Who pays the appellate costs?
- The court taxed appellate costs against the appellants, Sandra and Anita Flores.
- Does this mean the underlying dispute was decided on the merits by the appeals court?
- No. The dismissal was by agreement of the parties, indicating they resolved their dispute outside of an appellate merits decision.
- Can a party ask the court to reconsider this dismissal?
- The opinion states no motion for rehearing will be entertained because the appeal was dismissed at the parties' request.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
NUMBER 13-26-00173-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
SANDRA FLORES
AND ANITA M. FLORES, Appellants,
v.
PROPEL TAX
AND JAVIER HERNANDEZ, Appellees.
____________________________________________________________
ON APPEAL FROM THE 92ND DISTRICT COURT
OF HIDALGO COUNTY, TEXAS
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Justice Cron
This matter is before the Court on an agreed motion to dismiss. In said motion, the
parties represent to us that they have resolved their differences and now request that we
dismiss the appeal.
The Court, having considered the motion, is of the opinion that it should be granted.
See TEX. R. APP. P. 42.1(a)(1). Therefore, the agreed motion to dismiss is granted, and
the appeal is hereby dismissed.
The costs are taxed against the appellants. 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
9th day of April, 2026.
2