Ruben Montelongo v. George Cisneros

Summary

The Eighth District Court of Appeals of Texas granted the parties' joint motion to dismiss an appeal after they reported settling the underlying claims with Bankruptcy Court approval. Because the motion did not establish an agreement regarding costs, the court assessed appellate costs against the appellant.

Holdings

1. The court granted the parties' joint motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(2).
2. Because the joint motion did not show an agreement concerning costs, the court assessed the costs of the appeal against appellant.

Questions Presented

1. Whether the parties' joint motion to dismiss the appeal should be granted after they reached a settlement approved by the Bankruptcy Court.
2. Which party should bear the costs of the appeal when the joint motion does not demonstrate an agreement regarding costs.

Disposition

dismissed