Narrative Opinion Summary
Classic Superroof LLC initiated an appeal against Donna Massoud, f/k/a Donna Bean, and Prosperity Bank in the Court of Appeals for the Fifth District of Texas, stemming from a case in the County Court at Law No. 3 of Collin County. On October 9, 2012, the appellant filed an unopposed motion to dismiss the appeal, indicating a withdrawal from pursuing the matter. The court granted this motion, resulting in the dismissal of the appeal as per Texas Rule of Appellate Procedure 42.1(a)(1). The judgment stated that each party would bear its own costs related to the appeal. The opinion was delivered by Chief Justice Wright, with Justices Francis and Lang-Miers participating in the decision.
Legal Issues Addressed
Allocation of Costs upon Appeal Dismissalsubscribe to see similar legal issues
Application: Each party in the appeal was required to bear its own costs, reflecting a common practice in cases where an appeal is dismissed by mutual agreement.
Reasoning: The judgment stated that each party would bear its own costs related to the appeal.
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The appeal was dismissed following the appellant's unopposed motion to withdraw, in accordance with the procedural rule that allows for dismissal if all parties agree.
Reasoning: On October 9, 2012, the appellant filed an unopposed motion to dismiss the appeal, indicating a withdrawal from pursuing the matter. The court granted this motion, resulting in the dismissal of the appeal as per Texas Rule of Appellate Procedure 42.1(a)(1).