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East of Chicago Pizza, LLC and EOC of Ohio, Inc. v. Radia Enterprises, Inc.

Citation: Not availableDocket: 14-20-00695-CV

Court: Court of Appeals of Texas; October 19, 2021; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Fourteenth Court of Appeals addressed an interlocutory appeal involving East of Chicago Pizza, LLC and EOC of Ohio, Inc. (Appellants) against Radia Enterprises, Inc. (Appellee) concerning a September 17, 2020 order that denied the Appellants' special appearance. The appeal was previously abated to facilitate a settlement between the parties. On October 11, 2021, the Appellants submitted an unopposed motion to dismiss the appeal, indicating that the dispute had been resolved and that each party would bear its own costs. The court granted the motion, reinstated the appeal, and subsequently dismissed it as moot, in accordance with Texas Rule of Appellate Procedure 42.1(a)(1) regarding voluntary dismissals. The decision was made by a panel consisting of Justices Jewell, Spain, and Wilson.

Legal Issues Addressed

Court Panel Decision

Application: The decision to grant the motion and dismiss the appeal was made by a panel of three justices.

Reasoning: The decision was made by a panel consisting of Justices Jewell, Spain, and Wilson.

Interlocutory Appeal

Application: The case involves an interlocutory appeal concerning an order that denied the appellants' special appearance.

Reasoning: The Fourteenth Court of Appeals addressed an interlocutory appeal involving East of Chicago Pizza, LLC and EOC of Ohio, Inc. (Appellants) against Radia Enterprises, Inc. (Appellee) concerning a September 17, 2020 order that denied the Appellants' special appearance.

Voluntary Dismissal under Texas Rule of Appellate Procedure 42.1(a)(1)

Application: The appeal was dismissed as moot following a voluntary dismissal motion unopposed by the appellee, after the dispute was resolved and each party agreed to bear its own costs.

Reasoning: On October 11, 2021, the Appellants submitted an unopposed motion to dismiss the appeal, indicating that the dispute had been resolved and that each party would bear its own costs. The court granted the motion, reinstated the appeal, and subsequently dismissed it as moot, in accordance with Texas Rule of Appellate Procedure 42.1(a)(1) regarding voluntary dismissals.