Unreported / Non-Citable
Background
Weston Dean Custom Homes, LP appealed from a case in the 225th Judicial District Court of Bexar County involving Michael and Mitzi Romanko.
During the appeal, the parties entered into a settlement agreement and jointly moved to dismiss the appeal with prejudice under Texas Rule of Appellate Procedure 42.1(a)(2)(A).
The Court’s Holding
The Texas Fourth Court of Appeals granted the parties’ joint motion and dismissed the appeal with prejudice. The court did not address the merits of the underlying dispute.
Under Texas Rule of Appellate Procedure 42.1(d), the court taxed the appellate costs against appellant Weston Dean Custom Homes, LP.
Key Takeaways
- A Texas appellate court may dismiss an appeal based on the parties’ agreement under Rule 42.1(a)(2)(A).
- The dismissal was with prejudice because the parties had settled their dispute and jointly requested that disposition.
- Weston Dean Custom Homes was ordered to bear the costs of the appeal.
Why It Matters
The memorandum opinion illustrates the procedure for ending a Texas civil appeal after settlement. Because the court dismissed the appeal without reaching the merits, the decision establishes no substantive ruling on the parties’ underlying claims.