George Gaiser, Glen Gaiser, Kenneth Lane McCullough, and Ginger McCullough v. Blackstone Claim Services, Inc. ( 2023 )


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  •                                         COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    GEORGE GAISER, GLEN GAISER,                            §                  No. 08-23-00230-CV
    KENNETH LANE MCCULLOUGH, and
    GINGER MCCULLOUGH,                                     §                     Appeal from the
    Appellants,           §              131st Judicial District Court
    v.                                                     §                of Bexar County, Texas
    BLACKSTONE CLAIM SERVICES, INC.,                       §                 (TC# 2020-CI-08040)
    Appellee.
    MEMORANDUM OPINION
    Before this Court is the parties’ amended joint motion to dismiss this appeal pursuant to
    Texas Rule of Appellate Procedure 42.1(a)(2). 1 We previously abated the appeal and remanded
    the cause to the district court to permit proceedings to effectuate a settlement agreement. See
    TEX. R. APP. P. 42.1(a)(2)(C). The parties’ joint motion to dismiss now states they have finalized
    their agreement, and the district court has rendered judgment accordingly.
    1
    The appeal was transferred to this Court from the Fourth Court of Appeals pursuant to a Texas Supreme Court docket
    equalization order. Accordingly, we apply the Fourth Court of Appeals’ precedent to the extent it conflicts with our
    own. See TEX. R. APP. P. 41.3.
    Texas Rule of Appellate Procedure 42.1 provides the actions a court may take to dispose
    of an appeal on the motion of the appellant or by agreement of the parties. On the motion of
    appellant, we may dismiss the appeal. TEX. R. APP. P. 42.1(a)(1). Accordingly, we grant the
    motion, and the appeal is dismissed. As agreed by the parties, costs shall be borne by the party
    incurring the same. TEX. R. APP. P. 42.1(d).
    GINA M. PALAFOX, Justice
    December 8, 2023
    Before Palafox, J., Soto, J., and Marion, C.J. (Ret.)
    Marion, C.J. (Ret.) (Sitting by Assignment)
    2
    

Document Info

Docket Number: 08-23-00230-CV

Filed Date: 12/8/2023

Precedential Status: Precedential

Modified Date: 12/14/2023