Narrative Opinion Summary
Appellant Teresa Tinajero filed a motion to dismiss her appeal against Appellee J. Jesus Tinajero, indicating that the parties have reached a settlement. The Court of Appeals, having noted that Appellee did not object to the motion and that dismissal would not hinder Appellee's access to any relief, granted the motion. Consequently, the appeal is dismissed based on the settlement agreement. The Court ruled that the costs associated with the appeal will be charged to Appellant, as no alternative agreement on costs was presented. The decision was made on January 22, 2009, by Chief Justice David Wellington Chew, with Justices McClure and Rivera concurring.
Legal Issues Addressed
Allocation of Costs in Dismissed Appealssubscribe to see similar legal issues
Application: Appellant is responsible for the costs of the appeal as there was no alternative agreement presented regarding the costs.
Reasoning: The Court ruled that the costs associated with the appeal will be charged to Appellant, as no alternative agreement on costs was presented.
Non-Opposition to Motion to Dismisssubscribe to see similar legal issues
Application: The appellee did not object to the motion to dismiss, facilitating the court's decision to grant the dismissal.
Reasoning: The Court of Appeals, having noted that Appellee did not object to the motion and that dismissal would not hinder Appellee's access to any relief, granted the motion.
Settlement Agreement and Dismissal of Appealsubscribe to see similar legal issues
Application: The court granted the appellant's motion to dismiss the appeal due to the parties reaching a settlement agreement.
Reasoning: Appellant Teresa Tinajero filed a motion to dismiss her appeal against Appellee J. Jesus Tinajero, indicating that the parties have reached a settlement.