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Elsa Housing Authority v. Rosa Saenz

Citation: Not availableDocket: 13-14-00519-CV

Court: Court of Appeals of Texas; February 4, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Elsa Housing Authority, the appellant, appealed a judgment from the County Court at Law No. 5 of Hidalgo County, Texas, in cause number CL-12-0253-E. The appellant filed an unopposed motion to withdraw the appeal, citing a settlement agreement reached between the parties. The court reviewed the motion and granted it, resulting in the dismissal of the appeal. Costs were taxed against the party incurring them, in accordance with the parties' agreement. If there had been no agreement, costs would have been taxed against the appellant. The court indicated that no motion for rehearing would be considered, and the mandate would be issued immediately. The memorandum opinion was delivered on February 5, 2015.

Legal Issues Addressed

Immediate Issuance of Mandate

Application: The court ordered that no motion for rehearing would be considered and that the mandate would be issued immediately.

Reasoning: The court indicated that no motion for rehearing would be considered, and the mandate would be issued immediately.

Taxation of Costs Following Settlement

Application: Costs were assigned to the party that incurred them, following the terms of the settlement agreement between the parties.

Reasoning: Costs were taxed against the party incurring them, in accordance with the parties' agreement.

Voluntary Dismissal of Appeal

Application: The appellant's unopposed motion to withdraw the appeal was granted based on a settlement agreement reached between the parties.

Reasoning: The appellant filed an unopposed motion to withdraw the appeal, citing a settlement agreement reached between the parties.