William Gilson v. The Cincinnati Insurance Company

Summary

The Thirteenth Court of Appeals of Texas dismissed William Gilson's appeal from a take-nothing summary judgment in favor of The Cincinnati Insurance Company concerning insurance coverage for an automobile collision. The dismissal followed the parties' joint motion after resolution of a separate settlement-enforcement action, with costs assessed against the party incurring them.

Holdings

1. The court may and should dismiss the appeal pursuant to the parties' joint motion after the parties resolved their dispute.
2. Under the parties' agreement, appellate costs are assessed against the party incurring them.

Questions Presented

1. Whether the court should dismiss the appeal pursuant to the parties' joint motion after resolution of their dispute.
2. How appellate costs should be assessed under the parties' agreement.

Disposition

dismissed