Narrative Opinion Summary
The Court of Appeals for the Second District of Texas, in case number 2-02-147-CV, has granted the appellants, Michael L. Daniel and Denise E. Daniel, their motion to dismiss the appeal against NovaStar Mortgage, Inc. The dismissal is with prejudice, meaning the appellants cannot refile this appeal. The court ordered that the appellants are responsible for all costs associated with the appeal. The judgment was delivered on July 29, 2004, by a panel consisting of Justices Holman, Gardner, and Walker.
Legal Issues Addressed
Allocation of Costs in Appealsubscribe to see similar legal issues
Application: The court determined that the appellants are responsible for all costs associated with the appeal, reflecting the general rule that costs follow the event.
Reasoning: The court ordered that the appellants are responsible for all costs associated with the appeal.
Dismissal with Prejudicesubscribe to see similar legal issues
Application: The court dismissed the appeal against NovaStar Mortgage, Inc. with prejudice, preventing the appellants from refiling the appeal.
Reasoning: The dismissal is with prejudice, meaning the appellants cannot refile this appeal.
Judicial Panel Compositionsubscribe to see similar legal issues
Application: The decision was rendered by a panel consisting of three justices, which is typical for appellate courts.
Reasoning: The judgment was delivered on July 29, 2004, by a panel consisting of Justices Holman, Gardner, and Walker.