Unreported / Non-Citable
Background
This appeal arose from a trial court judgment in the 498th District Court of Kendall County, Texas (Trial Court No. 19-593). The appellate opinion does not disclose the underlying facts or legal claims, addressing only the procedural posture before the Fourth Court of Appeals.
The Court’s Holding
The court granted 2 Fat Guys Investments, Inc.’s unopposed motion to dismiss the appeal. The parties had resolved all issues forming the basis of the appeal, rendering further appellate review unnecessary. The court ordered costs taxed against the appellant pursuant to Texas Rule of Appellate Procedure 42.1(d).
Key Takeaways
- When parties reach settlement and file an unopposed motion to dismiss before an appellate court, the appeal will be dismissed.
- In the absence of an agreement to the contrary, costs are assessed against the appellant.
- Settlement resolves the appellate dispute even where judgment has been rendered below.
Why It Matters
This order is procedural in nature and establishes no substantive law. It illustrates the courts’ recognition that settled disputes need not proceed through the appellate process. Litigants who reach settlement before appeal should promptly file a joint motion to dismiss to conserve judicial resources.