Bulverde Village Property Owners Association v. Bulverde Village Homeowners Association, Inc. A/K/A the Point

• Court: Court of Appeals of Texas
• Decided: May 10, 2023
• Docket: 04-21-00518-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00518-CV

BULVERDE VILLAGE PROPERTY OWNERS ASSOCIATION, Appellant

v.

BULVERDE VILLAGE HOMEOWNERS ASSOCIATION, INC. a/k/a The Point, Appellee

From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2020CI03243 Honorable Laura Salinas, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Beth Watkins, Justice

Delivered and Filed: May 10, 2023

DISMISSED

On February 8, 2023, we issued an opinion and judgment that affirmed the trial court’s

August 31, 2021 judgment in part and reversed it in part. The parties subsequently requested and

obtained several extensions of time to file motions for rehearing and/or en banc reconsideration.

On April 24, 2023, the parties filed a joint motion to dismiss the appeal because they had

settled their dispute. See TEX. R. APP. P. 42.1(a)(1). The parties’ motion requested that we not

withdraw our February 8, 2023 opinion “as that opinion forms the basis, by reference, of the

parties’ compromise and settlement of the non-monetary components of the underlying action.” 04-21-00518-CV

See TEX. R. APP. P. 42.1(c) (“In dismissing a proceeding, the appellate court will determine

whether to withdraw any opinion it has already issued.”).

We grant the parties’ motion and dismiss this appeal without withdrawing our February 8,

2023 opinion. In accordance with the parties’ agreement, we tax the costs of this appeal against

the party that incurred them. TEX. R. APP. P. 42.1(d).

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