Background
ATS Industrial, Inc. appealed from a proceeding in Nueces County Court at Law No. 1 involving appellee Aggreko, LLC.
While the appeal was pending, the parties reached a settlement and jointly moved to dismiss the appeal.
The Court’s Holding
The Texas Thirteenth Court of Appeals granted the parties’ joint motion under Texas Rule of Appellate Procedure 42.1(a)(1) and dismissed the appeal.
The court taxed appellate costs against ATS Industrial as the appellant under Rule 42.1(d). Because the appeal was dismissed at the parties’ request, the court stated that it would not entertain a motion for rehearing.
Key Takeaways
- The appeal ended by joint dismissal after the parties settled.
- The court did not address the merits of the underlying dispute.
- Appellate costs were taxed against the appellant, and no rehearing motion will be entertained.
Why It Matters
The memorandum opinion illustrates the procedural consequences of settling a Texas appeal: the appellate court may grant the parties’ requested dismissal without reaching the merits, while taxing costs against the appellant absent a contrary agreement.