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Sherbert & Campbell, P.C. v. J. Steven Mostyn and Essex Insurance Co.

Citation: Not availableDocket: 01-09-00922-CV

Court: Court of Appeals of Texas; December 28, 2011; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Sherbert Campbell, P.C. filed an unopposed motion to dismiss the appeal against appellees J. Steven Mostyn and Essex Insurance Co. The Court of Appeals for the First District of Texas granted the motion, resulting in the dismissal of the appeal without issuing an opinion. All other pending motions were declared moot, and the Clerk was directed to issue the mandate within 10 days. The panel included Justices Keyes, Higley, and Massengale.

Legal Issues Addressed

Dismissal of Appeal

Application: The Court of Appeals grants an unopposed motion to dismiss, resulting in termination of the appeal process without further judicial opinion.

Reasoning: Appellant Sherbert Campbell, P.C. filed an unopposed motion to dismiss the appeal against appellees J. Steven Mostyn and Essex Insurance Co. The Court of Appeals for the First District of Texas granted the motion, resulting in the dismissal of the appeal without issuing an opinion.

Issuance of Mandate

Application: Upon dismissal of an appeal, the court directs the issuance of a mandate within a specified timeframe to formalize the conclusion of the appellate process.

Reasoning: The Clerk was directed to issue the mandate within 10 days.

Mootness of Pending Motions

Application: When an appeal is dismissed, all other pending motions associated with the case are rendered moot.

Reasoning: All other pending motions were declared moot, and the Clerk was directed to issue the mandate within 10 days.