Narrative Opinion Summary
An agreed motion to dismiss the appeal with prejudice was filed by the parties, indicating that they have settled all claims. The Court of Appeals for the Fifth District of Texas granted this motion, dismissing the appeal with prejudice as per Texas Rule of Appellate Procedure 42.1(a)(2)(A). The judgment states that Phillip Dean Tanner, the appellee, is entitled to recover his costs related to the appeal from Peggy Ann Philips Tanner, the appellant, subject to any agreement between the parties. The opinion was delivered by Justice Stoddart, with Chief Justice Wright and Justice Brown participating, and the judgment was entered on May 19, 2015.
Legal Issues Addressed
Dismissal of Appeal with Prejudicesubscribe to see similar legal issues
Application: The Court of Appeals for the Fifth District of Texas dismissed the appeal with prejudice after the parties filed an agreed motion to dismiss, indicating that they have settled all claims.
Reasoning: An agreed motion to dismiss the appeal with prejudice was filed by the parties, indicating that they have settled all claims.
Recovery of Costs in Appellate Proceedingssubscribe to see similar legal issues
Application: The judgment allows the appellee, Phillip Dean Tanner, to recover his costs related to the appeal from the appellant, Peggy Ann Philips Tanner, subject to any agreement between the parties.
Reasoning: The judgment states that Phillip Dean Tanner, the appellee, is entitled to recover his costs related to the appeal from Peggy Ann Philips Tanner, the appellant, subject to any agreement between the parties.
Texas Rule of Appellate Procedure 42.1(a)(2)(A)subscribe to see similar legal issues
Application: The dismissal of the appeal with prejudice was granted pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(A).
Reasoning: The Court of Appeals for the Fifth District of Texas granted this motion, dismissing the appeal with prejudice as per Texas Rule of Appellate Procedure 42.1(a)(2)(A).