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

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