Narrative Opinion Summary
The Post Oak Lane Townhome Owners Association (Appellant) has filed a motion to dismiss its appeal against The Bank of New York Mellon (Appellee), formerly known as The Bank of New York, as Trustee for the Certificateholders of CWABS Series 2003-BC1, and Wade Riner, individually. The appeal, filed on May 14, 2015, pertains to a previously ongoing case (Cause No. 2013-00567) in the 11th Judicial District Court of Harris County, Texas. The Appellant asserts that the parties have reached a settlement agreement, which provides grounds for the dismissal under Texas Rule of Appellate Procedure 42.1(a)(2). The Appellant requests that the court grant this motion and tax the costs of the appeal against themselves. The motion is signed by attorneys William L. Van Fleet and Jerry L. Elmore of Frank, Elmore, Lievens, Chesney, Turet, L.L.P., and a certificate of service confirms that copies were electronically sent to the attorneys of record on July 6, 2015.
Legal Issues Addressed
Dismissal of Appeal by Settlement Agreementsubscribe to see similar legal issues
Application: The appeal is dismissed based on the settlement agreement reached between the parties, as permitted under Texas Rule of Appellate Procedure 42.1(a)(2).
Reasoning: The Appellant asserts that the parties have reached a settlement agreement, which provides grounds for the dismissal under Texas Rule of Appellate Procedure 42.1(a)(2).
Taxation of Costs in Voluntary Dismissalsubscribe to see similar legal issues
Application: The Appellant requests that the costs of the appeal be taxed against themselves as part of the motion to dismiss.
Reasoning: The Appellant requests that the court grant this motion and tax the costs of the appeal against themselves.