RON GARRIQUES v. FWH INVESTMENTS IRA LLC (2017)

MEMORANDUM OPINION

This cause is before the Court on the parties' joint motion to dismiss appeal.² The parties request that this Court dismiss the appeal and cross-appeal on grounds that the parties have reached an agreement to resolve the claims and causes of action asserted in this cause and no longer wish to pursue their appeals.

The Court, having considered the documents on file and the parties' motion, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The joint motion to dismiss is granted, and the appeal and cross-appeal are hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”). Having dismissed the appeal and cross-appeal at joint request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

FOOTNOTES

2.   This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.).

NELDA V. RODRIGUEZ Justice