Kathleen Marie Coffen-Diaz Deleon v. Martin Diaz Deleon Jr.

Summary

The Texas Thirteenth Court of Appeals reinstated an appeal that had been abated for mediation and granted the appellant's amended unopposed motion to dismiss. The appeal was dismissed under Texas Rule of Appellate Procedure 42.1(a), with costs taxed against the appellant, and the court stated that its mandate would issue forthwith.

Holdings

1. The court granted appellant's amended unopposed motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a).
2. Absent an agreement of the parties, costs were taxed against appellant.

Questions Presented

1. Whether the court should grant appellant's amended unopposed motion to dismiss the appeal after successful mediation.
2. How costs should be assessed following dismissal at appellant's request.

Disposition

dismissed