Tristian Thompson v. Marilee Nichols

• Court: Court of Appeals of Texas
• Decided: November 17, 2022
• Docket: 01-22-00159-CV
• Status: Published

Opinion

Opinion issued November 17, 2022

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00159-CV ——————————— TRISTAN THOMPSON, Appellant V. MARALEE NICHOLS, Appellee

On Appeal from the 507th District Court Harris County, Texas Trial Court Case No. 2021-43397

MEMORANDUM OPINION

On March 1, 2022, appellant, Tristan Thompson, filed a notice of appeal from

the trial court’s December 16, 2021 “Order Granting Dismissal.” On October 14,

2022, appellant filed an “Unopposed Motion to Dismiss Appeal Pursuant to

Settlement.” In the motion, appellant states that the “parties have reached a settlement agreement disposing of the subject of th[e] appeal,” and pursuant to that

agreement, appellant requests that “the Court dismiss this appeal.” See TEX. R. APP.

P. 42.1(a)(1). Appellant’s motion further requests that “each party be ordered to pay

their own costs on appeal” and that the mandate be immediately issued. Appellant’s

motion includes a certificate of conference stating that appellee, Maralee Nichols, is

not opposed to the relief sought in appellant’s motion. See TEX. R. APP. P.

10.1(a)(5), 10.3(a)(2). No opinion has issued. See TEX. R. APP. P. 42.1(c).

Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX.

R. APP. P. 42.1(a)(1). We direct the Clerk of this Court that costs are to be taxed

against the party who incurred the same. See TEX. R. APP. P. 42.1(d). We further

direct the Clerk of this Court to issue the mandate immediately. See TEX. R. APP. P.

18.1(c). We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Justices Goodman, Hightower, and Guerra.