Neil Gallagher; Ronald R. Coleman; Steve Feeken; Gallagher Financial Group, Inc.; Michael Castellano; Brian R. Cervanka; Global One Direct, LLC; David A. Shields; Marco Lopez; Estate Protection Planning Corp.; and Salvatore Magaraci v. Eduardo Espinosa, Receiver of Retirement Value, LLC; and Donald R. Taylor, Receiver of Hill Country Funding, LLC, a Texas Limited Liability Company and Hill Country Funding, LLC, a Nevada Limited Liability Company

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Practice areas

Questions Presented

1. Whether the court should grant the unopposed motions to dismiss the appeal as to appellants who no longer wished to pursue it.
2. Whether the appeal should continue under the same cause number and be restyled to reflect the remaining appellants.

Holdings

1. The court granted the unopposed motions and dismissed the appeal as to Wendy Rogers, Kip Hartman, Michael Eastham, Fellowship Financial, LLC, Milkie/Ferguson Investments, Inc., Edward Milkie, and Manny Aizen.
2. The appeal continued under the same cause number and was restyled to include only the remaining appellants and appellees.

Factual background

The opinion concerns only the appellate procedural status of the named appellants. Wendy Rogers, Kip Hartman, Michael Eastham, Fellowship Financial, LLC, Milkie/Ferguson Investments, Inc., Edward Milkie, and Manny Aizen notified the court that they no longer wished to pursue the appeal and filed unopposed motions to dismiss.

Procedural history

The appeal arose from the District Court of Travis County, 126th Judicial District, cause number D-1-GV-10-000454, before Judge Gisela D. Triana. Certain appellants voluntarily sought dismissal of their portions of the appeal, and the Texas Court of Appeals granted the unopposed motions under Texas Rule of Appellate Procedure 42.1(a).