Anna Ruhl and Robert Dellinger v. Flip Flop Shops Franchise Company, LLC

• Court: Court of Appeals of Texas
• Decided: February 13, 2014
• Docket: 01-12-00910-CV
• Status: Published

Opinion

Opinion issued February 13, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-12-00910-CV ——————————— ANNA RUHL AND ROBERT DELLINGER, Appellants

V.

FLIP FLOP SHOPS FRANCHISE COMPANY, LLC, Appellee

On Appeal from the 11th District Court Harris County, Texas Trial Court Case No. 1059993

MEMORANDUM OPINION

Appellants, Anna Ruhl and Robert Dellinger, have filed a motion to dismiss

the appeal with prejudice because the parties have settled the underlying dispute.

See TEX. R. APP. P. 42.1(a)(1). The motion contains a certificate of service, but

does not contain a certificate of conference. See TEX. R. APP. P. 10.1(a). Ten days have passed, however, and appellee has not filed a response in opposition. See id.

10.1(b) (providing that court may determine motion before response is filed),

10.3(a) (providing, in pertinent part, that court should not hear or determine motion

until ten days after motion is filed, unless motion states that parties have conferred

and no party opposes motion). No opinion has issued. See TEX. R. APP. P. 42.1(c).

Accordingly, we grant appellants’ motion and dismiss the appeal with

prejudice.1 See id. 42.1(a)(1). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Sharp, and Brown.

1 Appellants have submitted a proposed order for each party to bear its respective costs of appeal. Their motion, however, does not indicate that there is an agreement between the parties with respect to allocation of costs. “Absent agreement of the parties, the court will tax costs against the appellant[s].” TEX. R. APP. P. 42.1(d). 2