Chad Davidson and Missy Davidson v. Ovation Builders, Inc., and Red Shed

Opinion

Opinion issued April 9, 2013

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-12-00080-CV ——————————— CHAD DAVIDSON AND MISSY DAVIDSON, Appellants V. OVATION BUILDERS, INC., AND RED SHED, Appellees

On Appeal from the 12th District Court Walker County, Texas1 Trial Court Cause No. 23404

MEMORANDUM OPINION

1 Pursuant to its docket equalization authority, the Supreme Court of Texas transferred this appeal to this court. See Misc. Docket No. 12–9008 (Tex. Jan. 10, 2012); see also TEX. GOV’T CODE ANN. §.73.001 (West 2005) (authorizing transfer of cases). Appellants, Chad Davidson and Missy Davidson, have filed a motion to

dismiss the appeal, stating that they have reached an agreement to settle with

appellees, Ovation Builders, Inc., and Red Shed. See TEX. R. APP. P. 42.1(a)(1).

The motion does not contain a certificate of conference. See TEX. R. APP. P.

10.1(a). Ten days have passed, however, and appellees have not filed a response

in opposition. See TEX. R. APP. P. 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 10 days after motion was filed, unless

motion states that parties have conferred and that no party opposes motion). No

opinion has issued. See TEX. R. APP. P. 42.1(c).

In the motion, appellants state that costs are to be borne by the party

incurring them. They do not assert that the parties have so agreed. Absent an

agreement of the parties, the Court must tax costs against the appellants. See TEX.

R. APP. P. 42.1(d).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1). We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Brown.