Narrative Opinion Summary
Appellant Thomas Joseph Kocis filed a motion to dismiss his appeal, indicating he no longer wishes to pursue the case due to a settlement in the underlying matter. Kocis confirmed that he conferred with appellee Susan Huner, who does not oppose the motion. The Texas Court of Appeals granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a). The dismissal was ordered by Justices Patterson, Law, and Puryear on October 26, 2006.
Legal Issues Addressed
Court's Authority to Dismiss Under Texas Rule of Appellate Proceduresubscribe to see similar legal issues
Application: The court granted the motion to dismiss the appeal in accordance with the procedural rule, demonstrating the court's authority to dismiss appeals upon voluntary requests.
Reasoning: The Texas Court of Appeals granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a).
Non-Opposition to Motionsubscribe to see similar legal issues
Application: The appellee did not oppose the appellant's motion to dismiss the appeal, allowing the court to grant the dismissal without contest.
Reasoning: Kocis confirmed that he conferred with appellee Susan Huner, who does not oppose the motion.
Voluntary Dismissal of Appealsubscribe to see similar legal issues
Application: The appellant's decision to dismiss the appeal was based on a settlement in the underlying matter, and the motion was unopposed by the appellee.
Reasoning: Appellant Thomas Joseph Kocis filed a motion to dismiss his appeal, indicating he no longer wishes to pursue the case due to a settlement in the underlying matter.