Narrative Opinion Summary
The Court of Appeals for the First District of Texas issued an opinion on January 10, 2008, regarding the case No. 01-07-00432-CV, involving appellants Jerry J. Rubli and Donna E. Rubli against appellee WM Specialty Mortgage LLC. The parties jointly filed a motion to dismiss their appeal, which was granted as no opinion had been issued prior. Consequently, the appeal was dismissed under Texas Rule of Appellate Procedure 42.1(a)(2). All other pending motions in the appeal were ruled moot. The Clerk was instructed to issue the mandate within ten days. The panel consisted of Chief Justice Radack and Justices Jennings and Bland.
Legal Issues Addressed
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(2)subscribe to see similar legal issues
Application: The appeal was dismissed upon a joint motion by the parties, as no opinion had been issued prior to the motion.
Reasoning: The parties jointly filed a motion to dismiss their appeal, which was granted as no opinion had been issued prior.
Issuance of Mandatesubscribe to see similar legal issues
Application: The Clerk was directed to issue the mandate within a specified timeframe following the dismissal of the appeal.
Reasoning: The Clerk was instructed to issue the mandate within ten days.
Mootness of Pending Motionssubscribe to see similar legal issues
Application: With the dismissal of the appeal, all other pending motions in the case were rendered moot.
Reasoning: Consequently, the appeal was dismissed under Texas Rule of Appellate Procedure 42.1(a)(2). All other pending motions in the appeal were ruled moot.