Narrative Opinion Summary
Cody Smith's appeal against PSS World Medical, Inc. and Gulf South Medical Supply, Inc. has been dismissed by the Court of Appeals for the Second District of Texas. The court granted Smith's Agreed Motion To Dismiss Appeal, concluding that the dismissal was appropriate under Texas Rule of Appellate Procedure 42.1(a)(1) and 43.2(f). The costs associated with the appeal are to be borne by the party that incurred them, as stated in Texas Rule of Appellate Procedure 43.4. The judgment was delivered by the panel consisting of Justices Meier, Walker, and Gabriel on September 15, 2011.
Legal Issues Addressed
Allocation of Costs under Texas Rule of Appellate Procedure 43.4subscribe to see similar legal issues
Application: The costs of the appeal are to be borne by the party that incurred them, as directed by the applicable rule.
Reasoning: The costs associated with the appeal are to be borne by the party that incurred them, as stated in Texas Rule of Appellate Procedure 43.4.
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The court granted the appellant's motion to dismiss the appeal, indicating that such a dismissal was appropriate under the specified rule.
Reasoning: The court granted Smith's Agreed Motion To Dismiss Appeal, concluding that the dismissal was appropriate under Texas Rule of Appellate Procedure 42.1(a)(1) and 43.2(f).