Unreported / Non-Citable
Background
Global Investment Fund I, acting on behalf of US TRE Portfolio IV, brought an interlocutory appeal from a proceeding in the 45th Judicial District Court of Bexar County, where Judge Mary Lou Alvarez presided.
After the parties settled their dispute, Global Investment Fund I and Interstate Restoration jointly moved to dismiss the appeal. Their agreement also addressed responsibility for appellate costs.
The Court’s Holding
The Texas Fourth Court of Appeals granted the parties’ joint motion and dismissed the interlocutory appeal. The memorandum opinion did not address the merits of the underlying dispute.
Consistent with the parties’ agreement, the court assessed appellate costs against the party incurring them, citing Texas Rule of Appellate Procedure 42.1(d).
Key Takeaways
- A settlement ended the parties’ interlocutory appeal before a merits determination.
- The court granted the parties’ joint request for dismissal.
- Each party bears the appellate costs it incurred under the parties’ agreement.
Why It Matters
The disposition illustrates that parties may jointly seek dismissal of an interlocutory appeal after settling their dispute. Because the court resolved only the dismissal request, the opinion establishes no merits ruling on the underlying claims.