Automated Summary
Key Facts
This appeal from the 430th District Court of Hidalgo County, Texas was brought by Ronaldo Palacios, Arnold Palacios, and Palacios Builders Inc. against Gerardo Antonio Ordonez and Yolanda Ordonez. On July 29, 2025, the Court ordered the case abated pending a potential settlement. The settlement agreement was finalized, and appellants filed an unopposed motion to dismiss the appeal. The Court granted the motion under TEX. R. APP. P. 42.1(a)(1), reinstated the case, and dismissed the appeal at the parties' request. The Court also taxed costs against the party incurring same and denied any motion for rehearing.
Issues
The Court addressed whether to grant appellants' unopposed motion to dismiss their appeal. The appeal was previously abated pending potential settlement on July 29, 2025, and the settlement agreement was finalized. The Court determined that the unopposed motion should be granted under TEX. R. APP. P. 42.1(a)(1), resulting in the dismissal of the appeal at the parties' request.
Holdings
The Court granted appellants' unopposed motion to dismiss appeal and dismissed the appeal pursuant to TEX. R. APP. P. 42.1(a)(1). The case was reinstated. Costs are taxed against the party incurring same.
Remedies
- The Court granted the unopposed motion to dismiss appeal. The appeal is hereby dismissed.
- In accordance with the unopposed motion, costs are taxed against the party incurring same.
Legal Principles
When an appeal is dismissed at the parties' request following a finalized settlement agreement, costs are taxed against the party incurring them. No motion for rehearing will be entertained.
Cited Statute
Texas Rules of Appellate Procedure
Judge Name
- Jaime Tijerina
- Justice Fonseca
- Justice Cron
Passage Text
- Upon review of the unopposed motion, the Court is of the opinion that the unopposed motion should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, this case is reinstated, the unopposed motion is granted, and the appeal is hereby dismissed.
- On July 29, 2025, we ordered this case abated pending potential settlement. The settlement agreement has been finalized, and appellants request the dismissal of the appeal.