Robert Rogers and Joan Rogers v. Kerns Financial, Inc., Davis Advisory Group, Inc., et al.

Summary

The Thirteenth Court of Appeals of Texas granted Robert and Joan Rogers' motion to dismiss their appeal from a judgment of the 24th District Court of Victoria County. The appeal was dismissed at appellants' request, with costs taxed against them, and the court stated that no motion for rehearing would be entertained and that its mandate would issue immediately.

Holdings

1. A court of appeals may grant an appellants' motion to dismiss an appeal when the appellants request dismissal, and the appeal was dismissed pursuant to Texas Rule of Appellate Procedure 42.1(a).
2. Absent an agreement of the parties, costs are taxed against the appellant when the appeal is dismissed at the appellants' request.

Questions Presented

1. Whether the appellants' motion to dismiss the appeal should be granted under Texas Rule of Appellate Procedure 42.1(a).
2. How appellate costs should be allocated following dismissal at the appellants' request under Texas Rule of Appellate Procedure 42.1(d).

Disposition

dismissed