Narrative Opinion Summary
Choice Hotels International, Inc. filed motions to dismiss an accelerated appeal and a related mandamus proceeding in the Court of Appeals for the Ninth District of Texas. The motions were submitted voluntarily by Choice Hotels prior to any court decision, in accordance with Texas Rule of Appellate Procedure 42.1(a)(1). No other parties filed an appeal or sought mandamus relief. The court granted the motions, resulting in the dismissal of both the appeal and the original mandamus proceeding without addressing the merits of the case. Costs were assessed against the party that incurred them, and the decision was delivered by Chief Justice Steve McKeithen on October 8, 2009, with participation from Justices Kreger and Horton.
Legal Issues Addressed
Assessment of Costs in Dismissed Appealssubscribe to see similar legal issues
Application: The court assessed costs against the party that incurred them following the dismissal of the appeal and mandamus proceeding.
Reasoning: Costs were assessed against the party that incurred them, and the decision was delivered by Chief Justice Steve McKeithen on October 8, 2009.
Voluntary Dismissal of Appeals under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The court granted the motions for voluntary dismissal submitted by Choice Hotels International, Inc., dismissing the accelerated appeal and mandamus proceeding before a court decision was made.
Reasoning: The motions were submitted voluntarily by Choice Hotels prior to any court decision, in accordance with Texas Rule of Appellate Procedure 42.1(a)(1).