Scaffold Solutions, Inc. v. Paul Carpenter D/B/A Ice Express LLC

• Court: Court of Appeals of Texas
• Decided: November 7, 2024
• Docket: 01-24-00372-CV
• Status: Published

Opinion

Opinion issued November 7, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00372-CV ——————————— SCAFFOLD SOLUTIONS, INC., Appellant V. PAUL CARPENTER D/B/A ICE EXPRESS, LLC, Appellee

On Appeal from the 133rd District Court Harris County, Texas Trial Court Case No. 2023-34825

MEMORANDUM OPINION

On May 17, 2024, appellant, Scaffold Solutions, Inc., filed a notice of appeal

from the trial court’s February 19, 2024 judgment. On August 13, 2024, the Court

abated this appeal and referred the parties to mediation. On October 18, 2024,

appellant and appellee, Paul Carpenter, doing business as Ice Express, LLC, filed an agreed motion to dismiss. In the motion, the parties represented that they had

“compromised and settled the case and there [were] no longer any issues in

controversy.” They requested that the Court dismiss the appeal and that costs be

taxed against the party who incurred the same. See TEX. R. APP. P. 42.1(a)(2), (d).

The motion to dismiss is signed by counsel for both parties.

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(2), (c).

Accordingly, the Court reinstates the appeal on the Court’s active docket,

grants the parties’ motion, and dismisses the appeal. 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 party

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

motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Hightower and Countiss.