Shirley Delayne Keaton v. a to Z USA Operations, LLC

• Court: Court of Appeals of Texas
• Decided: January 15, 2020
• Docket: 05-19-00751-CV
• Status: Published

Opinion

Dismissed; Opinion Filed January 15, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00751-CV

SHIRLEY DELAYNE KEATON, Appellant V. A TO Z USA OPERATIONS, LLC, Appellee

On Appeal from the 196th Judicial District Court Hunt County, Texas Trial Court Cause No. 87528

MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Nowell Before the Court is appellant’s letter-motion requesting dismissal of the appeal pursuant to

Texas Rule of Appellate Procedure 42.1(a)(2)(A). See TEX. R. APP. P. 42.1(a)(2)(A). Appellant

explains the parties have settled their dispute and agreed that each party will bear its own costs

“from both the proceedings in the trial court and in this Court.” The parties’ agreement, however,

is not attached to the motion. See id. Accordingly, we grant the motion to the extent we dismiss

the appeal. See id. 42.1(a)(1), 43.2(f).

/Erin A. Nowell/ ERIN A. NOWELL 190751F.P05 JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

SHIRLEY DELAYNE KEATON, On Appeal from the 196th Judicial District Appellant Court, Hunt County, Texas Trial Court Cause No. 87528. No. 05-19-00751-CV V. Opinion delivered by Justice Nowell, Justices Myers and Osborne participating. A TO Z USA OPERATIONS, LLC, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Subject to any agreement between the parties, we ORDER that appellee A to Z USA Operations, LLC recover its costs, if any, of this appeal from appellant Shirley Delayne Keaton.

Judgment entered this 15th day of January, 2020.

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