Narrative Opinion Summary
In the appellate case No. 01-14-00706-CV, Allied Plating, LLC, the appellee, filed a motion to dismiss its conditional cross-appeal, which had been submitted in anticipation of potential additional claims by the appellant, Accurate Precision Plating, LLC, regarding past profits. The necessity for this cross-appeal was negated after it became apparent that the appellant's appeal was confined to challenging an evidentiary ruling by the trial court. The motion for dismissal was unopposed by the appellant, indicating a procedural consensus between the parties. The motion was formally submitted by counsel for Allied Plating, with all requisite procedural steps observed, including a conference with the appellant’s counsel and the provision of a certificate of service confirming notification to all relevant parties and the court. The dismissal of the conditional cross-appeal reflects the parties' agreement on narrowing the appellate issues, thus streamlining the focus of the ongoing legal proceedings.
Legal Issues Addressed
Appellate Procedure - Agreement Between Partiessubscribe to see similar legal issues
Application: The appellee confirmed that the appellant did not object to the dismissal of the conditional cross-appeal, demonstrating agreement between parties on procedural matters.
Reasoning: The appellant has expressed no objection to its dismissal.
Dismissal of Conditional Cross-Appealsubscribe to see similar legal issues
Application: The appellee, Allied Plating, LLC, sought to dismiss its conditional cross-appeal as it became unnecessary once the appellant's appeal focused solely on an evidentiary ruling.
Reasoning: Allied Plating, LLC, an appellee in case No. 01-14-00706-CV, filed an unopposed motion to dismiss its conditional cross-appeal.
Requirements for Motion Filingsubscribe to see similar legal issues
Application: The motion to dismiss was properly filed following a conference between counsel for the appellee and appellant, and was accompanied by a certificate of service.
Reasoning: A certificate of service indicates that a true and correct copy of the notice of dismissal has been sent to all counsel of record and the filing clerk for the First Court of Appeals.