Unreported / Non-Citable
Background
Tesla, Inc. and Arch Insurance Company appealed from proceedings in the 94th District Court of Nueces County, Texas, involving Bedeschi America, Inc.
After the parties settled the underlying litigation, the appellants filed an unopposed motion asking the Texas Thirteenth Court of Appeals to dismiss the appeal.
The Court’s Holding
The court granted the unopposed motion under Texas Rule of Appellate Procedure 42.1(a)(1) and dismissed the appeal.
Consistent with the motion and the parties’ apparent agreement, the court taxed costs against the party incurring them. It also stated that no motion for rehearing would be entertained because the appeal was dismissed at the parties’ request.
Key Takeaways
- A Texas appellate court may dismiss an appeal on an appellant’s motion under Rule 42.1(a)(1).
- The dismissal followed the parties’ settlement of the underlying litigation and resolved no substantive issue on appeal.
- Each party bears the costs it incurred, and the court will not entertain a motion for rehearing.
Why It Matters
The memorandum opinion illustrates the procedural disposition of a Texas appeal after settlement. The court ended the appellate proceeding without reaching the merits and implemented the parties’ apparent agreement concerning costs.