Wynn's Extended Care Inc. v. Horacio Castillo

Summary

The Thirteenth Court of Appeals of Texas granted the parties’ agreed motion to withdraw the appeal and dismissed the appeal without prejudice under Texas Rule of Appellate Procedure 42.1(a)(2). The dismissal followed the trial court’s grant of a new trial, and appellate costs were taxed against the appellant.

Holdings

1. The court granted the parties' agreed motion and dismissed the appeal without prejudice to refiling because the trial court had granted a new trial and the parties wished to pursue any appeal after retrial.
2. Appellate costs were taxed against appellant.

Questions Presented

1. Whether the court should grant the parties' agreed motion to withdraw the appeal without prejudice after the trial court granted a new trial.
2. How appellate costs should be allocated upon dismissal at the parties' request.

Disposition

dismissed