Solar Mosaic, LLC as Successor in Interest to Solar Mosaic, Inc. and Streamline Energy, LLC v. Andrew Brown

CourtCourt of Appeals of Texas
DecidedNovember 3, 2022
Docket13-22-00275-CV
StatusPublished

This text of Solar Mosaic, LLC as Successor in Interest to Solar Mosaic, Inc. and Streamline Energy, LLC v. Andrew Brown (Solar Mosaic, LLC as Successor in Interest to Solar Mosaic, Inc. and Streamline Energy, LLC v. Andrew Brown) 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.

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Solar Mosaic, LLC as Successor in Interest to Solar Mosaic, Inc. and Streamline Energy, LLC v. Andrew Brown, (Tex. Ct. App. 2022).

Opinion

NUMBER 13-22-0275-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

SOLAR MOSAIC, LLC AS SUCCESSOR IN INTEREST TO SOLAR MOSAIC, INC. AND STREAMLINE ENERGY, LLC, Appellants,

v.

ANDREW BROWN, Appellee.

On appeal from the County Court at Law No. 4 of Nueces County, Texas.

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Tijerina Memorandum Opinion by Justice Benavides

Appellants, Solar Mosaic, LLC, as successor in interest to Solar Mosaic, Inc. and

Streamline Energy, LLC, and appellee, Andrew Brown, have filed a joint motion to dismiss

this appeal pursuant to the terms of a settlement agreement. They request that we dismiss the appeal with each party bearing their own costs of the appeal.

The Court, having examined and fully considered the joint motion to dismiss, is of

the opinion that it should be construed and granted as a motion to dismiss. See TEX. R.

APP. P. 42.1(a)(1) (allowing the court to dismiss an appeal or affirm the appealed judgment

in accordance with a motion filed by the appellant); id. R. 42.1(a)(2) (allowing the court to

render judgment, set aside the judgment without regard to the merits and remand, or

abate the appeal and permit proceedings in the trial court in accordance with an

agreement); In re Marriage of McQueen, 597 S.W.3d 53, 54 (Tex. App.—Houston [14th

Dist.] 2020, no pet.) (order). Accordingly, we reinstate this case, grant the joint motion to

dismiss, and dismiss the appeal. Pursuant to the agreement of the parties, costs will be

taxed against the party incurring the same. See id. R. 42.1(d) (“Absent agreement of the

parties, the court will tax costs against the appellant.”). Having dismissed the appeal at

the parties' request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

GINA M. BENAVIDES Justice

Delivered and filed on the 3rd day of November, 2022.

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Solar Mosaic, LLC as Successor in Interest to Solar Mosaic, Inc. and Streamline Energy, LLC v. Andrew Brown, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solar-mosaic-llc-as-successor-in-interest-to-solar-mosaic-inc-and-texapp-2022.