Background
TAC Total Automation Controls, Inc., TAC Insumos Industriales, S. de R de R.L. de C.V., Carlos Pablo Lara Elias, and Luis Ernesto Martinez Ontiveros brought an interlocutory appeal from proceedings in the 34th District Court of El Paso County.
During the appeal, the parties jointly moved for dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). They informed the court that they had settled the entire underlying litigation.
The Court’s Holding
The Texas Eighth Court of Appeals granted the parties’ joint motion and dismissed the interlocutory appeal under Rule 42.1(a)(1).
Consistent with the parties’ agreement and Rule 42.1(d), the court ordered each party to bear its own appellate costs.
Key Takeaways
- A settlement of the entire underlying litigation led the parties to seek dismissal of the pending interlocutory appeal.
- The court granted the joint dismissal request under Texas Rule of Appellate Procedure 42.1(a)(1).
- Each party must bear its own costs of the appeal.
Why It Matters
The memorandum opinion illustrates the procedural effect of a comprehensive settlement during an interlocutory appeal: the appellate court may dismiss the appeal on the parties’ motion and allocate appellate costs according to their agreement.