Background
The Fontana Evolution, LLC and Bo Fontana appealed their eviction from real property owned by Bay Mountain Fund I LLC. The appeal arose from Tarrant County Court at Law No. 1.
While the appeal was pending, the parties notified the appellate court that they had reached a full and final settlement of all claims. Through a joint motion signed by counsel for all parties, they asked the court to dismiss the appeal and tax appellate costs to the party incurring them.
The Court’s Holding
The Texas Second Court of Appeals granted the parties’ joint motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(2), which permits disposition of a civil appeal according to an agreement signed by the parties or their attorneys.
Consistent with the settlement request, the court ordered each party to bear the appellate costs that party incurred. The court did not decide the merits of the eviction dispute.
Key Takeaways
- A Texas civil appeal may be dismissed in accordance with a settlement agreement signed by the parties or their attorneys.
- The court implemented the parties’ agreed allocation of appellate costs by taxing costs to the party incurring them.
- Because the appeal ended by agreed dismissal, the court issued no ruling on the merits of the eviction challenge.
Why It Matters
The memorandum opinion illustrates the procedure for concluding a Texas civil appeal after settlement. A properly signed joint motion can allow the appellate court to dismiss the case and effectuate agreed terms concerning appellate costs without adjudicating the underlying dispute.