Narrative Opinion Summary
Conestoga-Rovers Associates filed an Agreed Motion to Dismiss Appeal, indicating a desire to discontinue the appeal process. BNC Engineering, LLC, the appellee, did not oppose this motion. The Texas Court of Appeals, Third District, granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1. The decision was issued by Justice G. Alan Waldrop, with Justices Patterson and Pemberton also participating, and the dismissal was filed on March 4, 2009.
Legal Issues Addressed
Application of Texas Rule of Appellate Procedure 42.1subscribe to see similar legal issues
Application: The Texas Court of Appeals granted the dismissal of the appeal in accordance with the procedural rules, illustrating the court's adherence to established appellate procedures for dismissals.
Reasoning: The Texas Court of Appeals, Third District, granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1.
Dismissal of Appeal by Agreement of Partiessubscribe to see similar legal issues
Application: The appeal was dismissed following an agreed motion by the appellant and no opposition from the appellee, demonstrating the application of procedure allowing for dismissal by mutual consent.
Reasoning: Conestoga-Rovers Associates filed an Agreed Motion to Dismiss Appeal, indicating a desire to discontinue the appeal process. BNC Engineering, LLC, the appellee, did not oppose this motion.