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Julia Aguilar as Guardian for Lacey Silva v. Twisted 5-S Ranch, LLC Richard W. Spencer III Shawn Spencer Christopher W. Spencer Midland Cycles, Inc., D/B/A Midland Powersports Kawasaki Motors Corporation, U.S.A., D/B/A Kawasaki Kawasaki Motors Manufacturing Corporation, U.S.A., D/B/A Kawasaki

Citation: Not availableDocket: 03-23-00065-CV

Court: Court of Appeals of Texas; April 11, 2023; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Julia Aguilar, acting as guardian for Lacey Silva, filed an unopposed motion to dismiss her appeal against multiple appellees, including Twisted 5-S Ranch, LLC and several individuals and corporations associated with Kawasaki. The Texas Court of Appeals for the Third District at Austin granted the motion to dismiss the appeal, referencing Texas Rule of Appellate Procedure 42.1(a)(1). The dismissal was ordered by Justice Edward Smith, with Justices Baker, Smith, and Jones participating. The motion to dismiss was filed on April 11, 2023. Chief Justice (Retired) J. Woodfin Jones served on the panel by assignment.

Legal Issues Addressed

Judicial Panel Composition

Application: The case was decided by a panel of justices, including a retired chief justice serving by assignment, highlighting procedural aspects of appellate court panel assignments.

Reasoning: The dismissal was ordered by Justice Edward Smith, with Justices Baker, Smith, and Jones participating. Chief Justice (Retired) J. Woodfin Jones served on the panel by assignment.

Motion to Dismiss Appeal

Application: The Texas Court of Appeals granted the unopposed motion to dismiss the appeal, indicating that such motions are permissible under the court's rules.

Reasoning: The Texas Court of Appeals for the Third District at Austin granted the motion to dismiss the appeal, referencing Texas Rule of Appellate Procedure 42.1(a)(1).