Narrative Opinion Summary
Deer Creek Lake Owners’ Corporation has filed a motion to dismiss its appeal against Charles J. Hairston, Jr. The Court of Appeals for the Eighth District of Texas, in accordance with the Texas Rules of Appellate Procedure, may dismiss an appeal if it aligns with a motion from the appellant and does not hinder any party's ability to seek relief. The motion has been on file for over ten days and was served to the appellee, who has not responded either in agreement or opposition. As no opposing party seeks relief, the Court finds that the conditions for dismissal under Rule 42.1(a)(1) are satisfied and grants the motion, dismissing the appeal. Costs are assessed against the appellant due to the absence of agreement between the parties regarding costs, following Rule 42.1(d). The ruling is signed by Justice Christopher Antcliff, with concurrence from Chief Justice McClure and Justice Rivera.
Legal Issues Addressed
Assessment of Costs in Dismissed Appealssubscribe to see similar legal issues
Application: Costs are assessed against the appellant when there is no agreement between the parties regarding the allocation of costs.
Reasoning: Costs are assessed against the appellant due to the absence of agreement between the parties regarding costs, following Rule 42.1(d).
Conditions for Dismissal under Rule 42.1(a)(1)subscribe to see similar legal issues
Application: The Court determined that the conditions for dismissal of the appeal were met as the motion was unopposed by the appellee.
Reasoning: As no opposing party seeks relief, the Court finds that the conditions for dismissal under Rule 42.1(a)(1) are satisfied and grants the motion, dismissing the appeal.
Dismissal of Appeal under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The Court of Appeals may dismiss an appeal if the appellant files a motion to dismiss and no party seeks relief that would be hindered by the dismissal.
Reasoning: The Court of Appeals for the Eighth District of Texas, in accordance with the Texas Rules of Appellate Procedure, may dismiss an appeal if it aligns with a motion from the appellant and does not hinder any party's ability to seek relief.