Avalon Advisors, LLC v. Charles Justin Luke ( 2022 )

Motion Granted in Part and Denied in Part; Appeal Dismissed and
Memorandum Opinion filed October 13, 2022.
In The
Fourteenth Court of Appeals
NO. 14-20-00473-CV
AVALON ADVISORS, LLC, Appellant
V.
CHARLES JUSTIN LUKE, Appellee
On Appeal from the 334th District Court
Harris County, Texas
Trial Court Cause No. 2018-84191
MEMORANDUM OPINION
This is an appeal from a judgment signed June 24, 2020. Pursuant to a
notification from the parties that they had reached a settlement, we abated the
appeal on September 20, 2022. On October 3, 2022, appellant notified this court
that the parties have settled, and appellant moved to dismiss its appeal. See Tex. R.
App. P. 42.1(a)(1). The motion to dismiss does not reflect that appellee
agreed to the motion.
The motion is granted in part as to the dismissal of the appeal. Id. The
motion is denied in part as to appellant’s request that “costs [are] to be taxed
against the party incurring the same.”1 Tex. R. App. P. 42.1(d) (“Absent agreement
of the parties, the court will tax costs against the appellant.”).
The appeal is reinstated and dismissed.
PER CURIAM
Panel consists of Justices Wise, Spain, and Hassan
1
It appears all costs were initially paid by appellant.
2