Narrative Opinion Summary
The Fourth Court of Appeals in San Antonio, Texas, issued a memorandum opinion on case No. 04-13-00699-CV, involving DEA Specialties, Inc. as the appellant and Ernest DeLeon as the appellee. The appeal originated from the 131st Judicial District Court in Bexar County, Texas, presided over by Honorable Gloria Saldaña. The appellant filed a motion to dismiss the appeal, which included a certificate of service indicating that the motion was served to the appellee. Since the appellee did not oppose the motion, the court granted the dismissal. The appeal was officially dismissed as per Texas Rule of Appellate Procedure 42.1(a), with costs of the appeal assessed against the appellant in accordance with Rule 42.1(d).
Legal Issues Addressed
Assessment of Costs under Texas Rule of Appellate Procedure 42.1(d)subscribe to see similar legal issues
Application: The costs of the appeal were assessed against the appellant following the dismissal, as specified by the relevant procedural rule.
Reasoning: The appeal was officially dismissed as per Texas Rule of Appellate Procedure 42.1(a), with costs of the appeal assessed against the appellant in accordance with Rule 42.1(d).
Voluntary Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)subscribe to see similar legal issues
Application: The appellant's unopposed motion to dismiss the appeal led to the court granting the dismissal in accordance with the procedural rule.
Reasoning: The appellant filed a motion to dismiss the appeal, which included a certificate of service indicating that the motion was served to the appellee. Since the appellee did not oppose the motion, the court granted the dismissal.