Unreported / Non-Citable
Background
SCI Texas Funeral Services, LLC and SCI Shared Resources, LLC appealed from a case in the 445th District Court of Cameron County, Texas, involving Maria Sofia Arroyo. The Thirteenth Court of Appeals previously abated the appeal and referred the parties to mediation.
The parties later filed a joint motion advising the appellate court that they had settled their dispute. They also reported that the trial court had dismissed the underlying case with prejudice and requested dismissal of the appeal under the terms of their settlement agreement.
The Court’s Holding
The court reinstated the appeal and granted the parties’ joint motion to dismiss under Texas Rule of Appellate Procedure 42.1. It then dismissed the appeal without addressing the merits of the underlying dispute.
Consistent with the settlement agreement, the court taxed costs against the party that incurred them. Because the appeal was dismissed at the parties’ request, the court stated that it would not entertain a motion for rehearing.
Key Takeaways
- A settlement reached after appellate mediation can support a joint request for voluntary dismissal of the appeal.
- The court reinstated the previously abated appeal solely to grant the joint motion and dismiss the proceeding.
- The decision did not resolve any substantive issue raised in the appeal and left each party responsible for its own incurred costs.
Why It Matters
The opinion illustrates the procedural conclusion of an appeal after the parties settle and the trial court dismisses the underlying action with prejudice. Under Texas Rule of Appellate Procedure 42.1, an appellate court may grant the parties’ agreed request to dismiss without reaching the merits.