Narrative Opinion Summary
Morgan Engineering Systems, Inc. (Appellant) appealed a decision from the 293rd Judicial District Court in Maverick County, Texas. The court, presided over by Judge Cynthia L. Muniz, addressed the appeal in Memorandum Opinion No. 04-09-00673-CV, filed on February 3, 2010. The appeal was dismissed following the Appellant's motion to dismiss, which was granted by the court in accordance with Texas Rule of Appellate Procedure 42.1(a)(1). Since the motion did not include an agreement on the assessment of costs between the parties, the court ruled that all costs would be assessed against the Appellant as per Texas Rule of Appellate Procedure 42.1(d).
Legal Issues Addressed
Assessment of Costs in Dismissed Appeals under Texas Rule of Appellate Procedure 42.1(d)subscribe to see similar legal issues
Application: Due to the absence of an agreement on costs between the parties, the court assessed all costs against the Appellant.
Reasoning: Since the motion did not include an agreement on the assessment of costs between the parties, the court ruled that all costs would be assessed against the Appellant as per Texas Rule of Appellate Procedure 42.1(d).
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The Appellant's motion to dismiss the appeal was granted by the court, resulting in the dismissal of the appeal.
Reasoning: The appeal was dismissed following the Appellant's motion to dismiss, which was granted by the court in accordance with Texas Rule of Appellate Procedure 42.1(a)(1).