Narrative Opinion Summary
The City of McAllen filed an accelerated appeal from the 389th District Court of Hidalgo County, Texas, challenging the denial of its plea to the jurisdiction in case number C-0790-13-H. The City subsequently requested a voluntary dismissal of its appeal under Texas Rule of Appellate Procedure 42.1(a)(1), citing that issues relevant to the appeal had been raised by the appellees in a second amended petition during the appeal's pendency. The Court reviewed the request and granted the dismissal, stating that it would allow the parties to address the raised issues in the trial court. The appeal was dismissed at the City’s request, with costs taxed against the appellant due to the lack of an agreement between the parties. No motion for rehearing will be considered, and the mandate will issue immediately. The appellees did not respond to the appellant's motion despite being given ample time.
Legal Issues Addressed
Costs Taxed Against Appellant Due to Lack of Agreementsubscribe to see similar legal issues
Application: The Court taxed the costs of the appeal against the appellant, the City of McAllen, because there was no agreement between the parties regarding costs.
Reasoning: The appeal was dismissed at the City’s request, with costs taxed against the appellant due to the lack of an agreement between the parties.
Immediate Issuance of Mandate without Rehearingsubscribe to see similar legal issues
Application: The Court decided that no motion for rehearing would be considered and the mandate would be issued immediately following the dismissal of the appeal.
Reasoning: No motion for rehearing will be considered, and the mandate will issue immediately.
Non-response to Motion by Appelleessubscribe to see similar legal issues
Application: Despite being given ample time, the appellees did not respond to the appellant's motion for voluntary dismissal of the appeal.
Reasoning: The appellees did not respond to the appellant's motion despite being given ample time.
Voluntary Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The City of McAllen requested a voluntary dismissal of its appeal, which was granted by the Court, allowing parties to address issues in the trial court.
Reasoning: The City subsequently requested a voluntary dismissal of its appeal under Texas Rule of Appellate Procedure 42.1(a)(1), citing that issues relevant to the appeal had been raised by the appellees in a second amended petition during the appeal's pendency.