Narrative Opinion Summary
The Court of Appeals for the Fifth District of Texas, in case No. 05-15-00747-CV, has dismissed the appeal filed by Shiver Construction Company against Tucker Albin Associates, Inc. The dismissal follows the appellant's motion indicating that the trial court had granted a motion for a new trial. The court granted the motion to dismiss the appeal, citing Texas Rule of Appellate Procedure 42.1(a)(1). Additionally, the court ordered that Tucker Albin Associates, Inc. recover its costs of the appeal from Shiver Construction Company. The judgment was entered on July 9, 2015, with participation from Chief Justice Wright and Justice Stoddart.
Legal Issues Addressed
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The Court of Appeals dismissed the appeal due to the appellant's motion, as the trial court had granted a motion for a new trial.
Reasoning: The dismissal follows the appellant's motion indicating that the trial court had granted a motion for a new trial.
Recovery of Costs in Appellate Proceedingssubscribe to see similar legal issues
Application: The court ordered the appellant to recover costs of the appeal from the appellee.
Reasoning: Additionally, the court ordered that Tucker Albin Associates, Inc. recover its costs of the appeal from Shiver Construction Company.