FedEx Freight, Inc. and David Forehand v. Bonnie Cargal, Individually and as Representative of the Estate of Joseph Cargal, Jack Cargal, and Andrew Cargal

• Court: Court of Appeals of Texas
• Decided: March 21, 2023
• Docket: 01-22-00231-CV
• Status: Published

Opinion

Opinion issued March 21, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00231-CV ——————————— FEDEX FREIGHT, INC. AND DAVID FOREHAND, Appellants V. JACK CARGAL AND ANDREW CARGAL, Appellees

On Appeal from the 334th District Court Harris County, Texas Trial Court Case No. 2018-80520

MEMORANDUM OPINION

Appellants, FedEx Freight, Inc. and David Forehand, filed a notice of appeal

from the trial court’s December 28, 2021 final judgment. On December 29, 2022,

this appeal was abated, at the parties’ request, to allow the parties an opportunity to

finalize their settlement agreement. On March 14, 2023, appellants and appellees, Jack Cargal and Andrew Cargal, filed a “Joint Motion to Dismiss Appeal,” stating

that they “ha[d] fully and finally settled the[ir] dispute.” The parties requested that

this Court “dismiss this appeal” and order that the parties bear their own appellate

costs. See TEX. R. APP. P. 42.1(a)(2), (d). No opinion has issued. See TEX. R. APP.

P. 42.1(c).

Accordingly, we reinstate the appeal on the Court’s active docket. The motion

to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.1(a)(2),

43.2(f). We direct the Clerk of this Court that costs are to be taxed against the parties

who incurred the same. See TEX. R. APP. P. 42.1(d). We dismiss all other pending

motions as moot.

PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra.