Avalon Advisors, LLC v. Charles Justin Luke

Opinion

Motion Granted in Part and Denied in Part; Appeal Dismissed and Memorandum Opinion filed October 13, 2022.

In The

Fourteenth Court of Appeals

NO. 14-20-00473-CV

AVALON ADVISORS, LLC, Appellant

V.

CHARLES JUSTIN LUKE, Appellee

On Appeal from the 334th District Court Harris County, Texas Trial Court Cause No. 2018-84191

MEMORANDUM OPINION

This is an appeal from a judgment signed June 24, 2020. Pursuant to a notification from the parties that they had reached a settlement, we abated the appeal on September 20, 2022. On October 3, 2022, appellant notified this court that the parties have settled, and appellant moved to dismiss its appeal. See Tex. R. App. P. 42.1(a)(1). The motion to dismiss does not reflect that appellee agreed to the motion.

The motion is granted in part as to the dismissal of the appeal. Id. The motion is denied in part as to appellant’s request that “costs [are] to be taxed against the party incurring the same.”1 Tex. R. App. P. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”).

The appeal is reinstated and dismissed.

PER CURIAM

Panel consists of Justices Wise, Spain, and Hassan

1 It appears all costs were initially paid by appellant.