Narrative Opinion Summary
Appellant Advocare International, L.P. filed an unopposed motion to dismiss its appeal on October 12, 2017, indicating that a settlement had been reached between the parties. The Court of Appeals for the Fifth District of Texas granted this motion, leading to the dismissal of the appeal. The ruling, delivered by Chief Justice Wright and joined by Justices Francis and Stoddart, confirms that the appeal is dismissed in accordance with Texas Rule of Appellate Procedure 42.1(a)(1). Additionally, the judgment orders that the appellees, Shereef Kamel and Basketball Basics, LLC, are entitled to recover their costs of the appeal from the appellant, subject to any agreement between the parties. The judgment was entered on October 17, 2017.
Legal Issues Addressed
Authority to Dismiss Under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The Court exercised its authority under the stated rule to dismiss the appeal based on the motion filed by the appellant.
Reasoning: The Court of Appeals for the Fifth District of Texas granted this motion, leading to the dismissal of the appeal.
Dismissal of Appeal Due to Settlementsubscribe to see similar legal issues
Application: The appeal was dismissed by the Court of Appeals following an unopposed motion by the appellant, indicating a settlement between the parties.
Reasoning: Appellant Advocare International, L.P. filed an unopposed motion to dismiss its appeal on October 12, 2017, indicating that a settlement had been reached between the parties.
Recovery of Costs by Appelleessubscribe to see similar legal issues
Application: The judgment allows the appellees to recover their costs of appeal from the appellant, subject to any agreement between the parties.
Reasoning: Additionally, the judgment orders that the appellees, Shereef Kamel and Basketball Basics, LLC, are entitled to recover their costs of the appeal from the appellant, subject to any agreement between the parties.