Narrative Opinion Summary
A joint motion to dismiss the appeal has been filed by both parties, Alliance Association Management, Inc. (Appellant) and Colony Square Owners Association, Inc. (Appellee), indicating that they have reached a settlement. The motion requests that the Texas Court of Appeals vacate the trial court's judgment from March 15, 2006, dismiss the case entirely, and stipulate that each party bears its own costs. The court granted the motion, vacated the trial court’s judgment, and dismissed the case in accordance with the parties’ agreement, referencing Texas Rules of Appellate Procedure 42.1 and 43.2. The order was issued on December 19, 2006, with Justice David Puryear presiding and joining Justices B. A. Smith and Waldrop.
Legal Issues Addressed
Allocation of Costs in Appellate Settlementssubscribe to see similar legal issues
Application: The stipulation that each party bears its own costs is part of the agreed settlement terms recognized by the appellate court.
Reasoning: The motion requests that the Texas Court of Appeals vacate the trial court's judgment from March 15, 2006, dismiss the case entirely, and stipulate that each party bears its own costs.
Authority Under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The court's actions to vacate the trial court’s judgment and dismiss the case are authorized under specific appellate procedural rules.
Reasoning: The court granted the motion, vacated the trial court’s judgment, and dismissed the case in accordance with the parties’ agreement, referencing Texas Rules of Appellate Procedure 42.1 and 43.2.
Settlement and Dismissal of Appealsubscribe to see similar legal issues
Application: The appellate court grants dismissal of the appeal following a settlement between the parties, vacating the trial court's judgment and dismissing the case entirely.
Reasoning: The motion requests that the Texas Court of Appeals vacate the trial court's judgment from March 15, 2006, dismiss the case entirely, and stipulate that each party bears its own costs.