Narrative Opinion Summary
Eric Drake filed an appeal against Wendel Withrow, Yu-Lan Martin, and ASM in the Fifth District Court of Appeals of Texas. On November 12, 2013, the court received Drake's motion to withdraw the appeal, indicating he no longer wished to pursue it. The court granted the motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1). Consequently, the court ordered Drake to pay the costs of the appeal to the appellees. The judgment was entered on the same day, with Justice Evans delivering the opinion, and Justices Lewis and Brown participating.
Legal Issues Addressed
Application of Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The court dismissed the appeal under this rule, which allows for dismissal by agreement or motion of the appellant.
Reasoning: The court granted the motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
Costs on Dismissal of Appealsubscribe to see similar legal issues
Application: Upon granting the motion to dismiss the appeal, the court ordered the appellant, Eric Drake, to pay the costs associated with the appeal to the appellees.
Reasoning: Consequently, the court ordered Drake to pay the costs of the appeal to the appellees.
Voluntary Dismissal of Appealsubscribe to see similar legal issues
Application: The appellant, Eric Drake, filed a motion to withdraw his appeal, which the court granted, leading to the dismissal of the appeal.
Reasoning: On November 12, 2013, the court received Drake's motion to withdraw the appeal, indicating he no longer wished to pursue it.