Unreported / Non-Citable
Background
Sandra Carnes appealed from a proceeding in the 267th District Court of DeWitt County, Texas, involving appellees Joe Johnson and Michael Farst.
After the parties fully resolved all matters between them, they filed an agreed motion to dismiss the appeal. Carnes sought dismissal, and the parties agreed that each would bear its own appellate costs.
The Court’s Holding
The Texas Thirteenth Court of Appeals granted the agreed motion under Texas Rule of Appellate Procedure 42.1(a)(1) and dismissed the appeal.
Consistent with the parties’ agreement, the court taxed costs against the party incurring them. It further stated that no motion for rehearing would be entertained and ordered the mandate to issue immediately.
Key Takeaways
- An appellant may obtain dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The appeal ended without a ruling on the merits because the parties had resolved all matters between them.
- Each party bears its own appellate costs, no rehearing will be entertained, and the mandate will issue immediately.
Why It Matters
The memorandum opinion illustrates how a Texas appellate court closes an appeal after the parties resolve their dispute and jointly request dismissal. The disposition leaves the underlying merits undecided and implements the parties’ agreement concerning costs.