Narrative Opinion Summary
An appeal was filed by 5700 Thousand Oaks, L.L.C. against Presto Maintenance Supply, Inc. regarding a judgment from November 30, 2011, in the County Civil Court at Law No. 2 in Harris County, Texas. On April 17, 2012, both parties submitted a joint motion to dismiss the appeal, citing a Rule 11 settlement agreement. The court granted this motion, dismissing the appeal without prejudice and rendering any other pending motions moot. The Harris County Clerk is instructed to return the Supersedeas Bond to the appellant, and the Clerk of the Court is to issue a mandate within ten days. The panel for this decision included Chief Justice Radack and Justices Jennings and Keyes.
Legal Issues Addressed
Dismissal of Appeal Due to Settlement Agreementsubscribe to see similar legal issues
Application: The appeal was dismissed by the court following a joint motion by both parties citing a Rule 11 settlement agreement.
Reasoning: On April 17, 2012, both parties submitted a joint motion to dismiss the appeal, citing a Rule 11 settlement agreement.
Dismissal Without Prejudicesubscribe to see similar legal issues
Application: The court granted the motion to dismiss the appeal without prejudice, allowing for the possibility of future litigation on the same issue.
Reasoning: The court granted this motion, dismissing the appeal without prejudice and rendering any other pending motions moot.
Issuance of Mandatesubscribe to see similar legal issues
Application: The court ordered the Clerk of the Court to issue a mandate within ten days following the dismissal of the appeal.
Reasoning: The Clerk of the Court is to issue a mandate within ten days.
Return of Supersedeas Bondsubscribe to see similar legal issues
Application: The Harris County Clerk was instructed to return the Supersedeas Bond to the appellant following the dismissal of the appeal.
Reasoning: The Harris County Clerk is instructed to return the Supersedeas Bond to the appellant.