Narrative Opinion Summary
Tiffany Denise Franklin, the appellant, and Barbara J. Conroy, the appellee, filed a joint motion to dismiss their appeal in the Court of Appeals for the Twelfth District of Texas. The motion indicates that the parties have reached a settlement agreement resolving the matter. The court granted the motion to dismiss, resulting in the appeal being dismissed as per Texas Rule of Appellate Procedure 42.1(a). Costs incurred in this appeal will be taxed against the party responsible for them. The court also directed the Clerk to issue the mandate within ten days. The opinion was delivered on December 7, 2022, by a panel consisting of Chief Justice Worthen, Justice Hoyle, and Justice Neeley.
Legal Issues Addressed
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)subscribe to see similar legal issues
Application: The court applied the rule to dismiss the appeal following a joint motion by the parties who reached a settlement agreement.
Reasoning: The motion indicates that the parties have reached a settlement agreement resolving the matter. The court granted the motion to dismiss, resulting in the appeal being dismissed as per Texas Rule of Appellate Procedure 42.1(a).
Issuance of Mandate Following Dismissalsubscribe to see similar legal issues
Application: The court instructed the Clerk to issue the mandate within a specified time frame after the dismissal of the appeal.
Reasoning: The court also directed the Clerk to issue the mandate within ten days.
Taxation of Costs in Dismissed Appealssubscribe to see similar legal issues
Application: The court determined that the costs incurred in the appeal would be taxed against the party responsible for them.
Reasoning: Costs incurred in this appeal will be taxed against the party responsible for them.