Narrative Opinion Summary
Fountain Oaks Town Center, LLC and Jeffrey A. Rattikin, the appellants, filed an unopposed motion to dismiss their appeal against Dr. Martin McGonagle and Mary E. McGonagle, the appellees. The Court of Appeals for the Second District of Texas granted the motion, resulting in the dismissal of the appeal. The appellants are responsible for the costs associated with the appeal, and execution for these costs will be issued. The judgment was delivered on February 17, 2011, by a panel consisting of Justices Gabriel, Livingston, and Dauphinot.
Legal Issues Addressed
Cost Liability on Appeal Dismissalsubscribe to see similar legal issues
Application: Upon dismissal of the appeal, the appellants were held responsible for the costs associated with the appeal, and execution for these costs will be issued.
Reasoning: The appellants are responsible for the costs associated with the appeal, and execution for these costs will be issued.
Judicial Panel Compositionsubscribe to see similar legal issues
Application: The judgment in this case was delivered by a panel of three justices, indicating the court's composition for this decision.
Reasoning: The judgment was delivered on February 17, 2011, by a panel consisting of Justices Gabriel, Livingston, and Dauphinot.
Motion to Dismiss Appealsubscribe to see similar legal issues
Application: The appellants filed an unopposed motion to dismiss their own appeal, which was subsequently granted by the court.
Reasoning: Fountain Oaks Town Center, LLC and Jeffrey A. Rattikin, the appellants, filed an unopposed motion to dismiss their appeal against Dr. Martin McGonagle and Mary E. McGonagle, the appellees.