Narrative Opinion Summary
EverHome Mortgage Company, now known as EverBank following a merger, and Caroline King (also referred to as Caroline Wilson) filed a joint motion to dismiss their appeal in the Court of Appeals for the Sixth Appellate District of Texas. The parties indicated that they have reached a full and final settlement, thereby eliminating any existing controversy. Under Texas Rule of Appellate Procedure 42.1(a)(2), an appeal is considered moot when there is no real controversy. The court granted the motion and dismissed the appeal. The decision was submitted on June 25, 2013, and decided on June 26, 2013.
Legal Issues Addressed
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(2)subscribe to see similar legal issues
Application: The appeal was dismissed because the resolution of the dispute rendered the appeal moot, as specified under Texas Rule of Appellate Procedure 42.1(a)(2).
Reasoning: Under Texas Rule of Appellate Procedure 42.1(a)(2), an appeal is considered moot when there is no real controversy.
Joint Motion to Dismiss in Appellate Proceedingssubscribe to see similar legal issues
Application: The court granted the joint motion to dismiss the appeal filed by the parties following their settlement agreement.
Reasoning: EverHome Mortgage Company, now known as EverBank following a merger, and Caroline King (also referred to as Caroline Wilson) filed a joint motion to dismiss their appeal in the Court of Appeals for the Sixth Appellate District of Texas.
Mootness Doctrine in Appellate Proceduresubscribe to see similar legal issues
Application: The court applies the mootness doctrine to dismiss an appeal when the parties have resolved their dispute, thereby eliminating any existing controversy.
Reasoning: The parties indicated that they have reached a full and final settlement, thereby eliminating any existing controversy.