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Eb International, LLC, and Hidalgo Logisitics, LLC, D/B/A Hidalgo Cold Storage, a Texas Limited Liability Company v. Jenrob Investments, Lp, a Texas Limited Partnership

Citation: Not availableDocket: 13-13-00447-CV

Court: Court of Appeals of Texas; February 5, 2014; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appeal case number 13-13-00447-CV involves EB International, LLC, and Hidalgo Logistics, LLC, as appellants against JenRob Investments, LP, as appellee. The appeal was initially abated due to the bankruptcy of one party on October 11, 2013. The appellants filed a motion to dismiss the appeal, asserting that the trial court's partial summary judgment did not resolve all claims, rendering it non-final and non-appealable. The Court reviewed the motion and subsequently reinstated the case. It granted the appellants' request to dismiss the appeal, citing Texas Rules of Appellate Procedure 42.1(a). The appeal is dismissed, with costs taxed against the appellants as per Texas Rules of Appellate Procedure 42.1(d). The Court stated that, absent a parties' agreement, costs would be assessed against the appellant. No motion for rehearing will be considered following the dismissal, and the mandate will issue immediately. The decision was delivered on February 6, 2014.

Legal Issues Addressed

Dismissal of Appeal under Texas Rules of Appellate Procedure 42.1(a)

Application: The Court granted the appellants' motion to dismiss the appeal, indicating that the appeal was not final and therefore non-appealable.

Reasoning: The Court reviewed the motion and subsequently reinstated the case. It granted the appellants' request to dismiss the appeal, citing Texas Rules of Appellate Procedure 42.1(a).

Immediate Issuance of Mandate

Application: Following the dismissal of the appeal, the Court stated that the mandate would issue immediately, and no motion for rehearing would be considered.

Reasoning: No motion for rehearing will be considered following the dismissal, and the mandate will issue immediately.

Taxation of Costs under Texas Rules of Appellate Procedure 42.1(d)

Application: The Court taxed the costs against the appellants, consistent with the rules, as there was no agreement between the parties to the contrary.

Reasoning: The appeal is dismissed, with costs taxed against the appellants as per Texas Rules of Appellate Procedure 42.1(d). The Court stated that, absent a parties' agreement, costs would be assessed against the appellant.