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Carmex Auto Sales v. Eusebio Rodriguez and Estela Canez

Citation: Not availableDocket: 07-10-00433-CV

Court: Court of Appeals of Texas; January 26, 2011; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Carmex Auto Sales, represented by Chriscella Mariscal, filed a motion to dismiss their appeal in the case against Eusebio Rodriguez and Estela Canez. The Court of Appeals for the Seventh District of Texas granted this motion since no decision had been made prior to the request. Consequently, the appeal is dismissed, and all associated costs are assessed against the appellant. The Court advises the appellees that if the dismissal impedes their ability to pursue further relief, they should file a timely motion for rehearing. No rehearing requests from the appellant will be considered.

Legal Issues Addressed

Assessment of Costs on Dismissal

Application: All costs associated with the dismissed appeal are assessed against the appellant, Carmex Auto Sales.

Reasoning: Consequently, the appeal is dismissed, and all associated costs are assessed against the appellant.

Limitations on Rehearing Requests

Application: The court will not consider any rehearing requests from the appellant following the dismissal of the appeal.

Reasoning: No rehearing requests from the appellant will be considered.

Motion to Dismiss Appeal

Application: The appellant, Carmex Auto Sales, filed a motion to dismiss their own appeal, which was granted by the Court of Appeals since no decision had been rendered before the motion was filed.

Reasoning: Carmex Auto Sales, represented by Chriscella Mariscal, filed a motion to dismiss their appeal in the case against Eusebio Rodriguez and Estela Canez. The Court of Appeals for the Seventh District of Texas granted this motion since no decision had been made prior to the request.

Relief for Appellees upon Dismissal

Application: The court advises appellees to file a timely motion for rehearing if the dismissal affects their ability to seek further relief.

Reasoning: The Court advises the appellees that if the dismissal impedes their ability to pursue further relief, they should file a timely motion for rehearing.