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Donald Welsh and Lisa Marshall v. River Hollow Association
Citation: Not availableDocket: 14-21-00165-CV
Court: Court of Appeals of Texas; September 1, 2022; Texas; State Appellate Court
Original Court Document: View Document
Reversal and remand of the case involving Donald Welsh and Lisa Marshall as appellants against River Hollow Association as appellee occurred, with the cross-appeal dismissed as moot. The court's majority opinion and a concurring and dissenting opinion were filed on September 1, 2022. The dissenting opinion contends that the judgment improperly treats the appeal as two separate appeals due to the notices filed by both parties. It critiques the court's misunderstanding of the appeals process in Texas, referencing historical procedural changes and advocating for a consistent approach to appeals. Specifically, it highlights that since the 1997 Texas Rules of Appellate Procedure, a single appeal exists regardless of the number of appellants or their dual roles as appellees. The dissent argues that the HOA's status as an appellant does not warrant separate consideration, and thus, its cross-appeal should be dismissed as moot. The dissenting Justice Spain emphasizes the need for clarity in drafting appellate judgments and expresses disagreement with the dismissal of the HOA's appeal while concurring with the rest of the judgment.