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SK Quality Custom Builders, Inc. and Steve Kostantenaco, (APPELLANTS/CROSS-APPELLEES) v. Foxworth-Galbraith Lumber Company, (APPELLEE/CROSS-APPELLEE) And Arabia Vargas and Marilyn Llanes, (APPELLEES ONLY)

Citation: Not availableDocket: 04-08-00199-CV

Court: Court of Appeals of Texas; June 18, 2008; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

A joint motion was filed by SK Quality Custom Builders, Inc. and Steve Kostantenaco, along with Foxworth-Galbraith Lumber Company and other parties, indicating that they have resolved their dispute. The Texas Appellate Court, referencing Texas Rule of Appellate Procedure 42.1(a)(2), granted the motion and dismissed appeal No. 04-08-00199-CV. The costs associated with the appeal will be charged to the party that incurred them. The ruling was delivered by a per curiam opinion on June 18, 2008.

Legal Issues Addressed

Allocation of Costs in Dismissed Appeals

Application: The court decided that the costs incurred during the appeal process will be charged to the parties that incurred them, following the dismissal of the appeal.

Reasoning: The costs associated with the appeal will be charged to the party that incurred them.

Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(2)

Application: The court applied Texas Rule of Appellate Procedure 42.1(a)(2) to grant the joint motion filed by the parties involved, resulting in the dismissal of the appeal.

Reasoning: The Texas Appellate Court, referencing Texas Rule of Appellate Procedure 42.1(a)(2), granted the motion and dismissed appeal No. 04-08-00199-CV.