Rolando Sanchez, Individually, Rolando Sanchez as Representative of the Estate of Mary Helen Sanchez, Ramon Sanchez, Richard Sanchez, and Reynaldo Sanchez v. Lopez Homes MCG LLC Individually and D/B/A Lopez Assisted Living, and Lopez Homes Assisted Living MCG

Summary

The Fourth Court of Appeals of Texas dismissed the appeal after granting the appellants’ unopposed motion to dismiss under Texas Rule of Appellate Procedure 42.1(a)(1). The court taxed appellate costs against the appellants.

Holdings

1. An appeal may be dismissed on the appellants' unopposed motion when dismissal would not prevent appellees from seeking relief to which they would otherwise be entitled; the court granted the motion and dismissed the appeal.
2. Costs of the appeal are taxed against appellants.

Questions Presented

1. Whether the court should dismiss the appeal on appellants' unopposed motion under Texas Rule of Appellate Procedure 42.1(a)(1).
2. How appellate costs should be allocated upon dismissal.

Disposition

dismissed