Narrative Opinion Summary
Mary Pat McDowell and CMP Family Limited Partnership (appellants) filed a motion to dismiss their appeal on July 15, 2013, indicating that they had reached a settlement with Jeff Fritts (appellee). The Court of Appeals for the Fifth District of Texas granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a)(1). The judgment specifies that, subject to any agreement between the parties, Jeff Fritts is awarded costs of the appeal from Mary Pat McDowell and CMP Family Limited Partnership. The opinion was delivered by Justice Molly Francis, with Justices O'Neill and Fillmore participating in the decision. The dismissal was officially entered on August 26, 2013.
Legal Issues Addressed
Awarding of Costs in Appellate Proceedingssubscribe to see similar legal issues
Application: The court awarded costs of the appeal to the appellee, subject to any other agreement made between the parties.
Reasoning: The judgment specifies that, subject to any agreement between the parties, Jeff Fritts is awarded costs of the appeal from Mary Pat McDowell and CMP Family Limited Partnership.
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The appeal was dismissed following a settlement agreement between the parties, in accordance with the procedural rules permitting dismissal when parties reach a resolution.
Reasoning: The Court of Appeals for the Fifth District of Texas granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a)(1).