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Richard L. Pemberton D/B/A Pemberton Fine Custom Homes, LLC and Richard L. Pemberton v. Vick Cox and Jackie Cox

Citation: Not availableDocket: 02-11-00185-CV

Court: Court of Appeals of Texas; January 18, 2012; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Second District of Texas, in case number 02-11-00185-CV, has granted the joint motion to dismiss the appeal filed by Richard L. Pemberton and Pemberton Fine Custom Homes, LLC against Vick and Jackie Cox. The dismissal is based on Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). Additionally, the court ordered that the costs of the appeal be borne by the party incurring them, as per Texas Rule of Appellate Procedure 43.4. The opinion was delivered on January 19, 2012, by a panel consisting of Chief Justice Livingston and Justices Dauphinot and Gabriel.

Legal Issues Addressed

Allocation of Costs under Texas Rule of Appellate Procedure 43.4

Application: The court determined that the costs of the appeal should be borne by the party incurring them, following the pertinent rule.

Reasoning: Additionally, the court ordered that the costs of the appeal be borne by the party incurring them, as per Texas Rule of Appellate Procedure 43.4.

Dismissal of Appeal under Texas Rules of Appellate Procedure

Application: The Court granted the joint motion to dismiss the appeal based on specific provisions of the Texas Rules of Appellate Procedure.

Reasoning: The Court of Appeals for the Second District of Texas, in case number 02-11-00185-CV, has granted the joint motion to dismiss the appeal filed by Richard L. Pemberton and Pemberton Fine Custom Homes, LLC against Vick and Jackie Cox.