Rock Engineering and Testing Laboratory, Inc. v. Epsilon Zeta Chapter of Alpha Delta Pi House Corporation

• Court: Court of Appeals of Texas
• Decided: October 10, 2023
• Docket: 03-22-00407-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00407-CV

Rock Engineering and Testing Laboratory, Inc., Appellant

v.

Epsilon Zeta Chapter of Alpha Delta Pi House Corporation, Appellee

FROM THE 274TH DISTRICT COURT OF HAYS COUNTY NO. 21-2684, THE HONORABLE SHERRI TIBBE, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Rock Engineering and Testing Laboratory, Inc. has filed an unopposed

motion to dismiss this appeal. The Court previously abated this appeal at the parties’ joint

request to permit proceedings in the trial court to effectuate the parties’ settlement agreement.

Appellant filed a status report with the Court, informing us that the trial court has dismissed the

case, and requesting that the abated appeal be dismissed. See Tex. R. App. P. 42.1(a)(1); id.

R. 43.2(f). The Court construes this request as a motion to dismiss the appeal. See Surgitek,

Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999) (“[W]e look to the substance of a

motion to determine the relief sought, not merely to its title.”).

We grant appellant’s motion and dismiss the appeal. See Tex. R. App. P. 42.1(a).

__________________________________________ Gisela D. Triana, Justice Before Justices Baker, Triana, and Smith

Dismissed on Appellant’s Motion

Filed: October 10, 2023