Narrative Opinion Summary
Houston Powers, operating as Quick Bonds, has filed a motion to dismiss its appeal against the State of Texas, indicating a decision to no longer pursue the case. The appellant has conferred with the appellee, who does not oppose this motion. The Texas Court of Appeals grants the motion and dismisses the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a). The dismissal was ordered by Justice Jan P. Patterson with Justices B. A. Smith and Puryear also participating. The motion was filed on February 1, 2006.
Legal Issues Addressed
Court's Authority to Dismiss Appealssubscribe to see similar legal issues
Application: The Texas Court of Appeals has the authority to grant motions to dismiss an appeal under the Texas Rule of Appellate Procedure 42.1(a), which was applied in this case to dismiss the appeal.
Reasoning: The Texas Court of Appeals grants the motion and dismisses the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a).
Non-Opposition by Appelleesubscribe to see similar legal issues
Application: The appellee, the State of Texas, was consulted about the motion to dismiss and did not oppose the appellant's decision to withdraw the appeal.
Reasoning: The appellant has conferred with the appellee, who does not oppose this motion.
Voluntary Dismissal of Appealsubscribe to see similar legal issues
Application: The appellant, Houston Powers, chose to voluntarily dismiss its appeal against the State of Texas, indicating an intention to cease pursuing the appellate process.
Reasoning: Houston Powers, operating as Quick Bonds, has filed a motion to dismiss its appeal against the State of Texas, indicating a decision to no longer pursue the case.