Summary
The Texas Court of Appeals for the First District granted the appellants' agreed motion to dismiss an appeal after the parties reported that they had settled the underlying lawsuit. The court taxed costs against the appellants because the appellees did not sign the motion and dismissed pending motions as moot.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed under Texas Rule of Appellate Procedure 42.1(a) based on the parties' settlement and appellants' motion to dismiss.
- Whether appellate costs should be taxed against appellants when appellees did not sign the agreed motion to dismiss.
- Whether pending motions should be dismissed as moot after dismissal of the appeal.
Holdings
- The court granted appellants' motion and dismissed the appeal because the parties represented that they had settled their differences, ten days had passed without a response, and no opinion had issued.
- Because appellees did not sign the agreed motion to dismiss, the court taxed costs against appellants.
- Any pending motions were dismissed as moot following dismissal of the appeal.
Factual background
The parties represented that they had agreed to compromise and settle their differences in the underlying lawsuit. Based on that settlement, appellants sought dismissal of the appeal. Appellees did not sign the agreed motion.
Procedural history
The appeal arose from the County Court at Law No. 1 of Fort Bend County, Texas, trial court cause number 19-CCV-064584. Appellants filed an agreed motion to dismiss based on settlement; no response was filed within ten days, and no opinion had issued. The court granted dismissal, taxed costs against appellants because appellees had not signed the motion, and dismissed pending motions as moot.