John K. Coil, Ave, Inc. and East Bay, Inc. v. John A. Coil, Individually and as Representative of East Bay, Inc.

CourtCourt of Appeals of Texas
DecidedDecember 28, 2022
Docket05-21-00537-CV
StatusPublished

This text of John K. Coil, Ave, Inc. and East Bay, Inc. v. John A. Coil, Individually and as Representative of East Bay, Inc. (John K. Coil, Ave, Inc. and East Bay, Inc. v. John A. Coil, Individually and as Representative of East Bay, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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John K. Coil, Ave, Inc. and East Bay, Inc. v. John A. Coil, Individually and as Representative of East Bay, Inc., (Tex. Ct. App. 2022).

Opinion

Dismiss and Opinion Filed December 28, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00537-CV

JOHN K. COIL, AVE, INC. AND EAST BAY, INC., Appellants V. JOHN A. COIL, INDIVIDUALLY AND AS REPRESENTATIVE OF EAST BAY, INC., Appellee

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-01235

MEMORANDUM OPINION Before Justices Myers, Pedersen, III, and Garcia Opinion by Justice Pedersen, III Appellants filed their “agreed appellant’s motion to dismiss” on September

14, 2022. Stating the parties have settled their dispute underlying this appeal,

appellants have requested this Court to dismiss this appeal “as there is no further

dispute between the parties.” The motion’s certificate of conference states that

counsel for appellants “spoke to counsel for Appellee and he indicated he would not

oppose this Motion to Dismiss.” We note the motion is captioned as an “agreed”

motion. Appellee has not filed a response opposing the motion. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1).

/Bill Pedersen, III// 210537f.p05 BILL PEDERSEN, III JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JOHN K. COIL, AVE, INC. AND On Appeal from the 68th Judicial EAST BAY, INC., Appellants District Court, Dallas County, Texas Trial Court Cause No. DC-19-01235. No. 05-21-00537-CV V. Opinion delivered by Justice Pedersen, III. Justices Myers and JOHN A. COIL, INDIVIDUALLY Garcia participating. AND AS REPRESENTATIVE OF EAST BAY, INC., Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that subject to any agreement of the parties, appellee JOHN A. COIL, INDIVIDUALLY AND AS REPRESENTATIVE OF EAST BAY, INC. recover his costs of this appeal from appellants JOHN K. COIL, AVE, INC. AND EAST BAY, INC.

Judgment entered this 28th day of December, 2022.

–3–

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John K. Coil, Ave, Inc. and East Bay, Inc. v. John A. Coil, Individually and as Representative of East Bay, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-k-coil-ave-inc-and-east-bay-inc-v-john-a-coil-individually-texapp-2022.