Narrative Opinion Summary
The Court of Appeals for the Second District of Texas has granted Bank of America, N.A.'s motion to dismiss its appeal against Warrantech Automotive, Inc. due to a settlement. The dismissal is made pursuant to Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). The court has ordered that the costs of the appeal be borne by the party that incurred them, and execution for these costs is authorized. The decision was delivered by a panel consisting of Justices McCoy, Livingston, and Meier on April 22, 2010.
Legal Issues Addressed
Application of Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The dismissal of the appeal was executed under the Texas Rules of Appellate Procedure, specifically rules 42.1(a)(1) and 43.2(f), which govern voluntary dismissal and cost assessment in appellate cases.
Reasoning: The dismissal is made pursuant to Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
Assessment of Appeal Costssubscribe to see similar legal issues
Application: The court determined that the costs associated with the appeal should be borne by the party that incurred them, allowing for execution of these costs.
Reasoning: The court has ordered that the costs of the appeal be borne by the party that incurred them, and execution for these costs is authorized.
Dismissal of Appeal due to Settlementsubscribe to see similar legal issues
Application: The Court of Appeals dismissed Bank of America, N.A.'s appeal following a settlement agreement with Warrantech Automotive, Inc., in accordance with the procedural rules.
Reasoning: The Court of Appeals for the Second District of Texas has granted Bank of America, N.A.'s motion to dismiss its appeal against Warrantech Automotive, Inc. due to a settlement.