SBA Communications Corp. v. Qualyan Moore

Court of Appeals of Texas

SBA Communications Corp. v. Qualyan Moore

DecidedAugust 24, 2023

Docket11-23-00121-CV

StatusPublished

This text of SBA Communications Corp. v. Qualyan Moore (SBA Communications Corp. v. Qualyan Moore) 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.

Bluebook

SBA Communications Corp. v. Qualyan Moore, (Tex. Ct. App. 2023).

Pincite

Opinion

Opinion filed August 24, 2023

In The

Eleventh Court of Appeals ___________

No. 11-23-00121-CV ___________

SBA COMMUNICATIONS CORP., Appellant, V. QUALYAN MOORE, Appellee

On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CV2010443

MEMORANDUM OPINION Appellant has filed in this court an unopposed motion to dismiss this accelerated appeal. In the motion, Appellant states that it no longer desires to pursue the appeal, and that it “voluntarily seeks dismissal because Appellee dismissed with prejudice his claims against Appellant.” In accordance with Appellant’s request, we dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). We note that Appellant requests that the “costs [be] borne by the party that incurred them.” While Appellant’s motion contains a certificate of conference that states that it has conferred with opposing counsel, who is “unopposed to the relief sought in this motion,” it does not indicate whether an agreement has occurred with respect to the assessment of costs. Absent an agreement by the parties, however, costs involving a voluntary dismissal shall be taxed against the appellant. Id. R. 42.1(d). Therefore, costs of this appeal are taxed against Appellant. Appellant’s motion to dismiss is granted, and the appeal is dismissed.

JOHN M. BAILEY CHIEF JUSTICE

August 24, 2023 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion filed August 24, 2023

In The

Eleventh Court of Appeals ___________

No. 11-23-00121-CV ___________

SBA COMMUNICATIONS CORP., Appellant, V. QUALYAN MOORE, Appellee

On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CV2010443

MEMORANDUM OPINION Appellant has filed in this court an unopposed motion to dismiss this accelerated appeal. In the motion, Appellant states that it no longer desires to pursue the appeal, and that it “voluntarily seeks dismissal because Appellee dismissed with prejudice his claims against Appellant.” In accordance with Appellant’s request, we dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). We note that Appellant requests that the “costs [be] borne by the party that incurred them.” While Appellant’s motion contains a certificate of conference that states that it has conferred with opposing counsel, who is “unopposed to the relief sought in this motion,” it does not indicate whether an agreement has occurred with respect to the assessment of costs. Absent an agreement by the parties, however, costs involving a voluntary dismissal shall be taxed against the appellant. Id. R. 42.1(d). Therefore, costs of this appeal are taxed against Appellant. Appellant’s motion to dismiss is granted, and the appeal is dismissed.

JOHN M. BAILEY CHIEF JUSTICE

August 24, 2023 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

Cite This Page — Counsel Stack

Bluebook (online)

SBA Communications Corp. v. Qualyan Moore, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sba-communications-corp-v-qualyan-moore-texapp-2023.