Narrative Opinion Summary
Appellants Noah Benson Hunter, Jr. and Terell “Terry” William Proctor filed a motion to dismiss their appeal against Level Check Foundation Repair, Inc. and Kenneth Goree with prejudice. The Court of Appeals for the First District of Texas granted the motion, leading to the dismissal of the appeal. As a result, all other pending motions related to the appeal were deemed moot. The Clerk was instructed to issue the mandate within ten days. The opinion was issued per curiam and involved a panel consisting of Chief Justice Radack and Justices Alcala and Bland.
Legal Issues Addressed
Effect of Dismissal on Pending Motionssubscribe to see similar legal issues
Application: With the dismissal of the appeal, all other pending motions related to the appeal were rendered moot.
Reasoning: As a result, all other pending motions related to the appeal were deemed moot.
Issuance of Mandate Following Dismissalsubscribe to see similar legal issues
Application: The court instructed the Clerk to issue the mandate within ten days following the dismissal of the appeal.
Reasoning: The Clerk was instructed to issue the mandate within ten days.
Per Curiam Opinionsubscribe to see similar legal issues
Application: The opinion dismissing the appeal was issued per curiam by a panel of judges.
Reasoning: The opinion was issued per curiam and involved a panel consisting of Chief Justice Radack and Justices Alcala and Bland.
Voluntary Dismissal of Appealsubscribe to see similar legal issues
Application: The appellants filed a motion to dismiss their appeal with prejudice, which was granted by the Court of Appeals.
Reasoning: Appellants Noah Benson Hunter, Jr. and Terell “Terry” William Proctor filed a motion to dismiss their appeal against Level Check Foundation Repair, Inc. and Kenneth Goree with prejudice.