Narrative Opinion Summary
Woodforest Golf Club, LLC, and Woodforest National Bank, N.A. (Appellants) appealed a judgment from the 410th District Court of Montgomery County, Texas, in consolidated cases 08-06-05452-CV and 08-10-10046-CV. The Appellants filed an unopposed motion to dismiss the appeal, indicating that the parties had reached a settlement agreement. The Court reviewed the motion and granted it, resulting in the dismissal of the appeal. Costs were ordered to be taxed against the party incurring them, following the settlement agreement. The Court stated that in the absence of an agreement, costs would be taxed against the Appellants. No motion for rehearing will be considered, and the Court's mandate will issue immediately. The opinion was delivered on January 12, 2012.
Legal Issues Addressed
Appellate Procedure for Dismissal of Appealsubscribe to see similar legal issues
Application: The appeal was dismissed following the Appellants' unopposed motion to dismiss, indicating a settlement had been reached between the parties.
Reasoning: The Appellants filed an unopposed motion to dismiss the appeal, indicating that the parties had reached a settlement agreement.
Issuance of Court Mandate Post-Dismissalsubscribe to see similar legal issues
Application: The Court's mandate was set to issue immediately, with no opportunity for rehearing following the dismissal of the appeal.
Reasoning: No motion for rehearing will be considered, and the Court's mandate will issue immediately.
Taxation of Costs Following Settlementsubscribe to see similar legal issues
Application: Costs were allocated based on the settlement agreement, with the default being taxation against the Appellants if no agreement was present.
Reasoning: Costs were ordered to be taxed against the party incurring them, following the settlement agreement. The Court stated that in the absence of an agreement, costs would be taxed against the Appellants.