Unreported / Non-Citable
Background
Caitlyn Brewer appealed from a judgment of the 249th District Court of Johnson County that granted summary judgment and disposed of all parties and claims.
During the appeal, Brewer and the Fun Town RV entities reached a settlement. The parties jointly moved to dismiss the appeal in accordance with their settlement agreement.
The Court’s Holding
The Texas Tenth Court of Appeals granted the parties’ joint motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The memorandum opinion did not address the merits of Brewer’s claims or review the trial court’s summary-judgment ruling.
Key Takeaways
- The parties settled after Brewer appealed the trial court’s final summary judgment.
- The appellate court granted their joint request to dismiss the appeal.
- The court made no merits ruling on the underlying claims or the summary judgment.
Why It Matters
The decision illustrates that an appellant may obtain dismissal of an appeal after settlement under Texas Rule of Appellate Procedure 42.1(a)(1). Because the court dismissed the proceeding without reaching the merits, the opinion establishes no substantive rule concerning the underlying dispute.