Osvaldo De La Vega, Oscar De La Vega, Felicitas De La Vega and Alicia De La Vega v. Ashley Imming F/K/A Ashley Corbus

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

See id. (allowing only dismissal of an appeal or affirmance of an appealed judgment or order where

relief is granted based on appellant’s motion); cf. id. 42.1(a)(2) (allowing rendition of judgment

effectuating the parties’ agreement where relief is granted based on agreement signed by the parties

and filed with the clerk). Accordingly, we deny this request. 1

Costs of the appeal are taxed against Appellants. See Tex. R. App. P. 42.1(d). 2 Any other

pending motions are denied as moot.

LISA J. SOTO, Justice

March 2, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

1 Under the circumstances, the trial court is the proper forum in which to make such a request. See Burns v. Bishop, 48 S.W.3d 459, 467 (Tex. App.—Houston [14th Dist.] 2001, no pet.) (“Funds on deposit in the registry of a trial court are always subject to the control and order of the trial court, and the court enjoys great latitude in dealing with them.”). 2 Appellants request that costs be taxed against the party incurring them. Because the motion does not reflect that Appellee agreed to this request, we must tax costs against Appellants. See Tex. R. App. P. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”).

Footnotes

1. No. 08-25-00065-CV ———————————— Osvaldo De La Vega, Oscar De La Vega, Felicitas De La Vega, and Alicia De La Vega, Appellants v. Ashley Imming f/k/a Ashley Corbus, Appellee On Appeal from County Criminal Court at Law No. 1 El Paso County, Texas Trial Court No. 2024-CCV01090 M E MO RA N D UM O PI NI O N Appellants have filed an unopposed motion to dismiss this appeal, stating that the parties have settled their disputes, including this appeal. No other party has filed a notice of appeal and no opinion has been issued. Accordingly, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1) (allowing dismissal of appeal on motion of appellant). Appellants further request that “[t]he $20,000 in cash posted with the El Paso County Clerk to supersede the judgment . . . be ordered refunded to [A]ppellants by check payable to ‘Lopez Molinar & Hirsh PLLC in Trust.’” However, such relief falls outside the scope of Rule 42.1(a)(1).