Opinion
No. 05-15-00364-CV
02-17-2016
ABBIE GAIL BYRD, Appellant v. JNH FOOD, LLC D/B/A PIZZA HUT, Appellee
On Appeal from the 95th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-01864
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Bridges, and Justice Evans
Opinion by Chief Justice Wright
Appellant filed a notice of nonsuit with prejudice stating that the parties have settled. We construe the notice as a motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(1), grant the motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). Because the notice of nonsuit does not include an agreement as to who shall bear the costs of this appeal, the Court taxes costs against the appellant. See TEX. R. APP. P. 42.1(d).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 150364F.P05
JUDGMENT
On Appeal from the 95th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-15-01864.
Opinion delivered by Chief Justice Wright. Justices Bridges and Evans participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee JNH FOOD, LLC D/B/A PIZZA HUT recover its costs of this appeal from appellant ABBIE GAIL BYRD. Judgment entered February 17, 2016.