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Rock Eng'g v. Epsilon Zeta Chapter of Aha Delta Pi House Corp.

Court of Appeals of Texas, Third District, Austin
Oct 10, 2023
No. 03-22-00407-CV (Tex. App. Oct. 10, 2023)

Opinion

03-22-00407-CV

10-10-2023

Rock Engineering and Testing Laboratory, Inc., Appellant v. Epsilon Zeta Chapter of Alpha Delta Pi House Corporation, Appellee


FROM THE 274TH DISTRICT COURT OF HAYS COUNTY NO. 21-2684, THE HONORABLE SHERRI TIBBE, JUDGE PRESIDING

Before Justices Baker, Triana, and Smith

MEMORANDUM OPINION

Gisela D. Triana, Justice

Appellant Rock Engineering and Testing Laboratory, Inc. has filed an unopposed motion to dismiss this appeal. The Court previously abated this appeal at the parties' joint request to permit proceedings in the trial court to effectuate the parties' settlement agreement. Appellant filed a status report with the Court, informing us that the trial court has dismissed the case, and requesting that the abated appeal be dismissed. See Tex. R. App. P. 42.1(a)(1); id. R. 43.2(f). The Court construes this request as a motion to dismiss the appeal. See Surgitek, Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999) ("[W]e look to the substance of a motion to determine the relief sought, not merely to its title.").

We grant appellant's motion and dismiss the appeal. See Tex. R. App. P. 42.1(a).


Summaries of

Rock Eng'g v. Epsilon Zeta Chapter of Aha Delta Pi House Corp.

Court of Appeals of Texas, Third District, Austin
Oct 10, 2023
No. 03-22-00407-CV (Tex. App. Oct. 10, 2023)
Case details for

Rock Eng'g v. Epsilon Zeta Chapter of Aha Delta Pi House Corp.

Case Details

Full title:Rock Engineering and Testing Laboratory, Inc., Appellant v. Epsilon Zeta…

Court:Court of Appeals of Texas, Third District, Austin

Date published: Oct 10, 2023

Citations

No. 03-22-00407-CV (Tex. App. Oct. 10, 2023)