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Kelly Broome v. Tucker Albin and Associates, Inc., and RAB, Inc. D/B/A Regional Adjustment Bureau

Citation: Not availableDocket: 05-15-00697-CV

Court: Court of Appeals of Texas; November 5, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

On August 27, 2015, the Court of Appeals for the Fifth District of Texas addressed an appeal involving Kelly Broome as the appellant and Tucker Albin and Associates, Inc. as the appellee, originating from the 101st Judicial District Court of Dallas County (Trial Court Cause No. DC-15-00672). The Court, led by Justice Myers and with participation from Justices Tucker and Fillmore, issued an opinion resulting in the dismissal of the appeal. The Court ordered that each party bear its own costs related to the appeal. The mandate commands the 101st Judicial District Court to observe and execute the order of dismissal. The document is signed by Chief Justice Carolyn Wright and dated November 6, 2015, with the official seal and the clerk's signature from Lisa Matz.

Legal Issues Addressed

Cost Allocation in Appellate Proceedings

Application: The appellate court determined that each party should bear its own costs associated with the appeal, indicating a decision to not impose costs on either party.

Reasoning: The Court ordered that each party bear its own costs related to the appeal.

Jurisdiction and Authority of Appellate Courts

Application: The Court of Appeals for the Fifth District of Texas exercised its jurisdiction to review and ultimately dismiss the appeal in the case involving Kelly Broome and Tucker Albin and Associates, Inc.

Reasoning: On August 27, 2015, the Court of Appeals for the Fifth District of Texas addressed an appeal involving Kelly Broome as the appellant and Tucker Albin and Associates, Inc. as the appellee.

Mandate of Appellate Court

Application: The appellate court issued a mandate requiring the trial court to comply with the order of dismissal, underscoring the binding nature of appellate decisions on lower courts.

Reasoning: The mandate commands the 101st Judicial District Court to observe and execute the order of dismissal.