Narrative Opinion Summary
Appellant Danny Trussell, representing himself and the heirs of Tanda Trussell, deceased, filed a motion to dismiss his appeal against appellees, which include Western Reserve Life Assurance Company of Ohio, WRL Life Insurance, Aegon Financial Services Group, Inc., Mary Grace Anasco, Duy M. Truong, and World Financial Group, Inc. The appeal was dismissed following the appellant's notification that the parties reached a settlement. The Court granted the motion to dismiss as per Texas Rule of Appellate Procedure 42.1(a)(1). Additionally, it was ordered that the appellees recover their costs of the appeal from the appellant, subject to any existing agreements between the parties. The judgment was entered on June 25, 2013, with the opinion delivered by Justice Lang, supported by Justices Myers and Evans.
Legal Issues Addressed
Cost Recovery by Appellees Post-Dismissalsubscribe to see similar legal issues
Application: The court ordered that appellees recover their costs from the appellant, indicating the general rule that costs of appeal may be awarded to the prevailing party unless otherwise agreed.
Reasoning: Additionally, it was ordered that the appellees recover their costs of the appeal from the appellant, subject to any existing agreements between the parties.
Voluntary Dismissal of Appeal Under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The appellant's appeal was dismissed after notifying the court of a settlement between the parties, demonstrating the rule's application for voluntary dismissal when parties reach a settlement.
Reasoning: The appeal was dismissed following the appellant's notification that the parties reached a settlement.