Summary
The Thirteenth Court of Appeals of Texas reinstated the appeal after the reporter’s record had been lost. The court granted the appellants’ unopposed motion to dismiss because the parties had reached an agreement rendering the appeal moot, taxed costs against the appellants, and ordered the mandate to issue forthwith.
Topics
Practice areas
Questions Presented
- Whether the court should dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a) because the parties' agreement rendered the appeal moot.
- How costs should be taxed after dismissal at appellants' request.
Holdings
- The unopposed motion to dismiss was granted, and the appeal was dismissed because the parties' agreement rendered the appeal moot.
- Costs were taxed against appellants.
Key quotations
“Absent agreement of the parties, the court will tax costs against the appellant.” (at 2)
Factual background
Appellants perfected an appeal from a judgment entered by the County Court at Law No. 4 of Hidalgo County. After the appeal was abated because the reporter's record was lost, the parties reached an agreement that rendered the appeal moot. Appellants filed an unopposed motion requesting dismissal.
Procedural history
The County Court at Law No. 4 of Hidalgo County entered a judgment in cause number CL-10-3099-D. The appellate court abated the appeal on January 12, 2012, because the reporter's record was lost, then reinstated it. After the parties reached an agreement rendering the appeal moot, appellants moved to dismiss, and the court granted the motion.