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Hidalgo County Water Improvement District No. 3 and Othal Brand, Jr. v. Kenneth Wilkins

Citation: Not availableDocket: 13-18-00569-CV

Court: Court of Appeals of Texas; October 25, 2018; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appeal involves Hidalgo County Water Improvement District No. 3 and Othal Brand Jr. as appellants against Kenneth Wilkins as appellee, stemming from a judgment in the 370th District Court of Hidalgo County, Texas (cause number C-1406-14-G). The appellants filed an unopposed motion to dismiss the appeal, citing that all claims, disputes, and controversies between the parties had been settled. The court reviewed the motion and granted it, resulting in the dismissal of the appeal. Costs related to the appeal will be borne by the party that incurred them, as per the agreement. No motions for rehearing will be accepted, and the mandate will be issued immediately. The opinion was delivered by Justice Hinojosa on October 25, 2018.

Legal Issues Addressed

Allocation of Costs on Dismissal

Application: Costs related to the appeal are to be borne by the party that incurred them, following the settlement agreement between the parties.

Reasoning: Costs related to the appeal will be borne by the party that incurred them, as per the agreement.

Dismissal of Appeal on Motion

Application: The court grants the motion to dismiss the appeal when all claims, disputes, and controversies between the parties have been settled, as indicated by an unopposed motion.

Reasoning: The appellants filed an unopposed motion to dismiss the appeal, citing that all claims, disputes, and controversies between the parties had been settled.

Immediate Issuance of Mandate

Application: The court orders that no motions for rehearing will be accepted and that the mandate will be issued immediately following the decision to dismiss.

Reasoning: No motions for rehearing will be accepted, and the mandate will be issued immediately.