David Stubbs v. Cliff Randall Cone and Kelli Cone

• Court: Court of Appeals of Texas
• Decided: March 2, 2023
• Docket: 02-22-00405-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-22-00405-CV ___________________________

DAVID STUBBS, Appellant

V.

CLIFF RANDALL CONE AND KELLI CONE, Appellees

On Appeal from the 481st District Court Denton County, Texas Trial Court No. 22-5286-481

Before Walker, J.; Sudderth, C.J.; and Kerr, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

We have considered appellant’s “Agreed Motion to Dismiss Appeal Due to

Settlement.” We grant the motion and dismiss the appeal. See Tex. R. App. P.

42.1(a)(1), 43.2(f).

Further, there having been a supersedeas bond filed in the trial court on

December 13, 2022, appellant, the principal on the bond (Safeco Insurance Company

of Indiana), and the surety on the bond (The Ohio Casualty Insurance Company), are

all discharged of liability on the bond. See S.J. Louis Constr. Of Tex., Ltd. v. Principle

Envtl., LLC, No. 02-16-00266-CV, 2016 WL 5957032, at *1 (Tex. App.—Fort Worth

Oct. 13, 2016, no pet.) (mem. op.).

Each party must bear its own costs of appeal. See Tex. R. App. P. 42.1(d), 43.4.

Per Curiam

Delivered: March 2, 2023