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Continental Homes of Texas, L.P. F/K/A Continental Homes of Dallas, L.P./Royal Insurance Company of America v. Royal Insurance Company of America/Continental Homes of Texas, L.P. F/K/A Continental Homes of Dallas, L.P.

Citation: Not availableDocket: 03-02-00174-CV

Court: Court of Appeals of Texas; August 30, 2002; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appeal case number 03-02-00174-CV involves Continental Homes of Texas, L.P. (formerly Continental Homes of Dallas, L.P.) and Royal Insurance Company of America. Both parties have reached a settlement regarding the underlying lawsuit and jointly filed a motion to dismiss the appeal without addressing its merits. The Texas Court of Appeals granted this motion and dismissed the appeal in accordance with Texas Rules of Appellate Procedure 42.1(a)(1). The decision was made by Chief Justice Marilyn Aboussie, alongside Justices B. A. Smith and Yeakel, on August 30, 2002. The order is designated as "Do Not Publish."

Legal Issues Addressed

Application of Texas Rules of Appellate Procedure 42.1(a)(1)

Application: The court applied the Texas Rules of Appellate Procedure 42.1(a)(1) to grant the motion to dismiss the appeal, highlighting the procedural basis for dismissal.

Reasoning: The Texas Court of Appeals granted this motion and dismissed the appeal in accordance with Texas Rules of Appellate Procedure 42.1(a)(1).

Dismissal of Appeal by Agreement of Parties

Application: The appeal was dismissed because both parties reached a settlement and jointly requested dismissal, demonstrating the court's acceptance of agreed motions to dismiss under procedural rules.

Reasoning: Both parties have reached a settlement regarding the underlying lawsuit and jointly filed a motion to dismiss the appeal without addressing its merits.

Non-Publication of Judicial Decisions

Application: The order to dismiss the appeal was designated as 'Do Not Publish,' indicating a decision not intended for publication or as precedent.

Reasoning: The order is designated as 'Do Not Publish.'