Court of Civil Appeals of Texas, 2022

Tristian Thompson v. Marilee Nichols

Tristian Thompson v. Marilee Nichols
Court of Civil Appeals of Texas · Decided November 17, 2022

Tristian Thompson v. Marilee Nichols

Opinion

Opinion issued November 17, 2022

In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00159-CV ——————————— TRISTAN THOMPSON, Appellant V. MARALEE NICHOLS, Appellee

On Appeal from the 507th District Court Harris County, Texas Trial Court Case No. 2021-43397

MEMORANDUM OPINION On March 1, 2022, appellant, Tristan Thompson, filed a notice of appeal from the trial court’s December 16, 2021 “Order Granting Dismissal.” On October 14, 2022, appellant filed an “Unopposed Motion to Dismiss Appeal Pursuant to Settlement.” In the motion, appellant states that the “parties have reached a settlement agreement disposing of the subject of th[e] appeal,” and pursuant to that agreement, appellant requests that “the Court dismiss this appeal.” See TEX. R. APP. P. 42.1(a)(1). Appellant’s motion further requests that “each party be ordered to pay their own costs on appeal” and that the mandate be immediately issued. Appellant’s motion includes a certificate of conference stating that appellee, Maralee Nichols, is not opposed to the relief sought in appellant’s motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). No opinion has issued. See TEX. R. APP. P. 42.1(c).

Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). We direct the Clerk of this Court that costs are to be taxed against the party who incurred the same. See TEX. R. APP. P. 42.1(d). We further direct the Clerk of this Court to issue the mandate immediately. See TEX. R. APP. P. 18.1(c). We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Justices Goodman, Hightower, and Guerra.

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