Narrative Opinion Summary
An interlocutory appeal concerning a temporary injunction order related to real property was filed by Adelante Funding I Ltd., a Texas limited partnership, against Juan De Rios Ozuna and Margarita Ozuna. Adelante Funding submitted a "Motion for Voluntary Dismissal," indicating that a settlement agreement had been reached and that the appeal was therefore moot. The appellees did not state their position on the motion. After reviewing the motion and the associated documents, the court found the motion valid and granted the dismissal of the appeal. Costs will be assessed against the appellant, unless otherwise agreed upon by the parties. No motion for rehearing will be considered as the appeal was dismissed at the appellant's request. The opinion was delivered by Chief Justice Contreras on August 30, 2022.
Legal Issues Addressed
Assessment of Costs upon Dismissalsubscribe to see similar legal issues
Application: The court decided that the costs of the appeal should be borne by the appellant, unless there is a different agreement between the parties.
Reasoning: Costs will be assessed against the appellant, unless otherwise agreed upon by the parties.
Finality of Dismissal by Requestsubscribe to see similar legal issues
Application: No motion for rehearing will be entertained as the dismissal was made at the request of the appellant.
Reasoning: No motion for rehearing will be considered as the appeal was dismissed at the appellant's request.
Mootness and Voluntary Dismissal of Appealsubscribe to see similar legal issues
Application: The appellant's motion for voluntary dismissal due to a settlement agreement rendered the appeal moot, leading to the dismissal of the appeal.
Reasoning: Adelante Funding submitted a 'Motion for Voluntary Dismissal,' indicating that a settlement agreement had been reached and that the appeal was therefore moot.