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Frymire Home Services, Incorporated Whitfield Capital, L.L.C. v. Ohio Security Insurance Company

Citation: Not availableDocket: 21-0757

Court: Texas Supreme Court; November 28, 2021; Texas; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The document is an order from the United States Court of Appeals for the Fifth Circuit regarding case number 21-10012, involving Frymire Home Services, Incorporated, and Whitfield Capital, L.L.C. as plaintiffs-appellants against Ohio Security Insurance Company as the defendant-appellee. The court has granted the joint unopposed motion of the parties to dismiss the appeal under Federal Rule of Appellate Procedure 42. Counsel for the parties are instructed to inform the Texas Supreme Court of this order. The order is signed by Circuit Judge Catharina Haynes and was issued on November 29, 2021. Additionally, an automated certificate of service indicates that the document was electronically filed and served to various attorneys involved in the case.

Legal Issues Addressed

Dismissal of Appeal under Federal Rule of Appellate Procedure 42

Application: The court granted the joint unopposed motion by the parties to dismiss the appeal, demonstrating the procedural use of Rule 42 to terminate appellate proceedings.

Reasoning: The court has granted the joint unopposed motion of the parties to dismiss the appeal under Federal Rule of Appellate Procedure 42.

Electronic Filing and Service

Application: The order was electronically filed and served, underscoring the use of electronic systems for document dissemination in legal proceedings.

Reasoning: An automated certificate of service indicates that the document was electronically filed and served to various attorneys involved in the case.

Notification to State Supreme Court

Application: Counsel for the parties are required to notify the Texas Supreme Court of the dismissal order, highlighting procedural obligations following appellate decisions.

Reasoning: Counsel for the parties are instructed to inform the Texas Supreme Court of this order.