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the City of Plano v. the Poe Living Trust, Marcus Poe Trustee

Citation: Not availableDocket: 05-12-01653-CV

Court: Court of Appeals of Texas; June 13, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Fifth District of Texas, in case number 05-12-01653-CV, issued a memorandum opinion on June 13, 2013, regarding an appeal by The City of Plano against The Poe Living Trust, with Marcus Poe as trustee. The case originated from the 296th Judicial District Court in Collin County, Texas, under trial court cause number 296-04259-2011. The parties filed a Joint Motion to Dismiss the appeal on June 7, 2013, indicating they had reached a settlement. The court granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a).

Legal Issues Addressed

Application of Texas Rule of Appellate Procedure 42.1(a)

Application: The court applied Texas Rule of Appellate Procedure 42.1(a) to dismiss the appeal based on the parties' joint motion.

Reasoning: The court granted the motion and dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a).

Dismissal of Appeal by Settlement

Application: The court dismissed the appeal following a settlement agreement between the parties.

Reasoning: The parties filed a Joint Motion to Dismiss the appeal on June 7, 2013, indicating they had reached a settlement.