Narrative Opinion Summary
Toby Taylor, operating as Taylor Millwright Service, filed a motion for voluntary dismissal of his appeal against Cooper Natural Resources, Inc., citing that the appeal is moot due to a complete compromise and settlement of all disputes between the parties. The appellant requested that the trial court judgment remains in effect. The Eleventh Court of Appeals granted the motion, resulting in the dismissal of the appeal. The opinion was filed on October 25, 2012, with a panel consisting of Chief Justice Wright, Justice McCall, and Justice Hill, who was sitting by assignment. Notably, Justice Eric Kalenak had resigned prior to this decision, leaving the position vacant.
Legal Issues Addressed
Effect of Settlement on Appealsubscribe to see similar legal issues
Application: The settlement of all disputes between the parties rendered the appeal moot, leading to its dismissal by the appellate court.
Reasoning: The appellant requested that the trial court judgment remains in effect. The Eleventh Court of Appeals granted the motion, resulting in the dismissal of the appeal.
Judicial Panel Compositionsubscribe to see similar legal issues
Application: The decision was rendered by a panel consisting of Chief Justice Wright, Justice McCall, and Justice Hill, with a vacancy due to a resignation.
Reasoning: The opinion was filed on October 25, 2012, with a panel consisting of Chief Justice Wright, Justice McCall, and Justice Hill, who was sitting by assignment. Notably, Justice Eric Kalenak had resigned prior to this decision, leaving the position vacant.
Voluntary Dismissal of Appealsubscribe to see similar legal issues
Application: The appellant, Toby Taylor, filed a motion for voluntary dismissal of his appeal because the dispute had been resolved through compromise and settlement.
Reasoning: Toby Taylor, operating as Taylor Millwright Service, filed a motion for voluntary dismissal of his appeal against Cooper Natural Resources, Inc., citing that the appeal is moot due to a complete compromise and settlement of all disputes between the parties.