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Richard Powell and Vickie Powell v. Servis One, Inc. D/B/A BSI Financial Services, and Wilmington Savings Fund Society, FSB D/B/A Christiana Trust, Not Individually but as Trustee for Ventures Trust 2013-I-H-R

Citation: Not availableDocket: 02-18-00039-CV

Court: Court of Appeals of Texas; September 20, 2018; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Second Appellate District of Texas has granted the unopposed motion to dismiss filed by appellants Richard Powell and Vickie Powell in their appeal against Servis One, Inc. d/b/a BSI Financial Services and Wilmington Savings Fund Society, FSB d/b/a Christiana Trust, as trustee for Ventures Trust 2013-I-H-R. The appeal, originating from the Probate Court of Denton County, Texas (Trial Court No. PR-2016-00610), is dismissed under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). Costs incurred for this appeal will be assessed against the party that incurred them, as per Texas Rules of Appellate Procedure 42.1(d). The judgment was delivered per curiam on September 20, 2018.

Legal Issues Addressed

Cost Assessment in Dismissed Appeals

Application: Costs incurred from the appeal will be borne by the party that incurred them, following the procedural guidelines.

Reasoning: Costs incurred for this appeal will be assessed against the party that incurred them, as per Texas Rules of Appellate Procedure 42.1(d).

Dismissal of Appeal under Texas Rules of Appellate Procedure

Application: The Court of Appeals dismissed the appeal following the appellants' unopposed motion to dismiss, in accordance with specific procedural rules.

Reasoning: The Court of Appeals for the Second Appellate District of Texas has granted the unopposed motion to dismiss filed by appellants Richard Powell and Vickie Powell in their appeal against Servis One, Inc. d/b/a BSI Financial Services and Wilmington Savings Fund Society, FSB d/b/a Christiana Trust, as trustee for Ventures Trust 2013-I-H-R.