Narrative Opinion Summary
In the appeal case reviewed by the Court of Appeals for the Thirteenth District of Texas, the appellants, Dapeng Holdings, LLC and Yi Cheng Zheng, contested a decision involving the appellees, Jeffory Dean Blackard, Blackard General Partner V, LLC, and Blackard Global Development II, LLC. The case was initially abated following the parties' entry into a mediated settlement agreement, which had the potential to resolve the dispute. Subsequently, the parties filed a joint motion to dismiss the appeal, asserting that the settlement rendered the appeal moot. The court, invoking Texas Rule of Appellate Procedure 42.1(a)(1), dismissed the appeal per the parties' request, as it did not impede any party from obtaining relief. Pursuant to Rule 42.1(d), the court agreed that costs would be borne by the respective parties incurring them. The dismissal was finalized with the stipulation that no motions for rehearing would be entertained, as the decision was made at the behest of the parties involved. Justice Jaime Tijerina delivered the opinion, formalizing the appeal's dismissal on November 10, 2022.
Legal Issues Addressed
Assessment of Costs Upon Dismissal of Appealsubscribe to see similar legal issues
Application: Costs were assessed according to the agreement between the parties, with each party paying its own costs as stipulated in their joint motion.
Reasoning: The parties requested that all costs be paid by the party incurring them, as stipulated in Rule 42.1(d).
Dismissal of Appeal Under Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The court exercised its discretion to dismiss the appeal upon the parties' request, adhering to the procedural rule allowing such dismissal.
Reasoning: The court, following Texas Rule of Appellate Procedure 42.1(a)(1), has the discretion to dismiss the appeal upon the parties' request unless it would prevent a party from obtaining relief.
Finality and Non-Consideration of Rehearing Motionssubscribe to see similar legal issues
Application: No motion for rehearing would be considered due to the appeal's dismissal at the parties' request, finalizing the court's decision.
Reasoning: The court concluded that no motion for rehearing would be considered due to the dismissal being at the parties' request.
Mootness of Appeal Due to Settlementsubscribe to see similar legal issues
Application: The appeal was rendered moot as the parties entered into a mediated settlement agreement, prompting a joint motion to dismiss the appeal.
Reasoning: The parties subsequently filed a joint motion to dismiss the appeal, stating that the settlement rendered the appeal moot.