Willow Creek Golf Club, Inc. v. Willow Creek Managment, Inc. and All Occupants

• Court: Court of Appeals of Texas
• Decided: February 15, 2024
• Docket: 01-23-00668-CV
• Status: Published

Opinion

Opinion issued February 15, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00668-CV ——————————— WILLOW CREEK GOLF CLUB, INC., Appellant V. WILLOW CREEK MANAGEMENT, INC. AND ALL OCCUPANTS, Appellees

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1199219

MEMORANDUM OPINION

Appellant, Willow Creek Golf Club, Inc., filed a notice of appeal from the

trial court’s August 7, 2023 order. On February 7, 2024, appellant filed a motion to

dismiss this appeal, stating that appellant and appellees, Willow Creek Management,

Inc. and all occupants, had entered into a “Full Release and Settlement Agreement.” Accordingly, “pursuant to and consistent with” that settlement agreement, appellant

requested that the Court dismiss its appeal. The motion further requested that court

costs be taxed against “the party incurring same.”

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

TEX. R. APP. P. 42.1(a)(1), (c). Appellant’s motion includes a certificate of

conference stating that appellees are agreed to the relief requested in the motion. See

TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

Accordingly, the Court grants appellant’s motion and dismisses the appeal.

See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We direct the Clerk of this Court that costs

are to be taxed against the party incurring them. 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 Guerra and Farris.