Narrative Opinion Summary
Rebecca J. McLain filed a motion to dismiss her appeal in the case against James A. Howard, the Receiver for Tesher Corp., indicating that the parties have reached a settlement and that the appellee does not oppose the dismissal. The Texas Court of Appeals granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a). The decision was rendered on February 22, 2007, with Justices Patterson, Pemberton, and Waldrop presiding.
Legal Issues Addressed
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)subscribe to see similar legal issues
Application: The court applied this rule to dismiss the appeal after both parties reached a settlement and the appellee did not oppose the dismissal.
Reasoning: Rebecca J. McLain filed a motion to dismiss her appeal in the case against James A. Howard, the Receiver for Tesher Corp., indicating that the parties have reached a settlement and that the appellee does not oppose the dismissal.
Judicial Authority to Grant Motion to Dismisssubscribe to see similar legal issues
Application: The Texas Court of Appeals exercised its authority to grant the motion to dismiss the appeal based on the mutual agreement of the parties involved.
Reasoning: The Texas Court of Appeals granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a).