Opinion
NO. 09-19-00050-CV
04-18-2019
WISCH LEASING GROUP LP, Appellant v. THE WOODLANDS LAND DEVELOPMENT COMPANY LP, DREAM MOTORS LLC, AND MERCEDES-BENZ FINANCIAL SERVICES USA LLC, Appellees
On Appeal from the 284th District Court Montgomery County, Texas
Trial Cause No. 17-09-10958-CV
MEMORANDUM OPINION
Appellant Wisch Leasing Group LP filed a motion to dismiss its appeal, which asserts the parties have settled their claims. The motion is voluntarily made by Wisch Leasing Group LP before the Court decided the appeal. See Tex. R. App. P. 42.1. No other party filed a notice of appeal. We grant the motion and dismiss the appeal.
Appellees filed a motion to dismiss the appeal as frivolous, in which they sought damages pursuant to Rule 45. See Tex. R. Civ. P. 45. In light of appellant's motion to dismiss based upon settlement, we need not rule on appellees' motion, and we decline to assess damages under Rule 45. See id.
APPEAL DISMISSED.
/s/_________
HOLLIS HORTON
Justice Submitted on April 17, 2019
Opinion Delivered April 18, 2019 Before Kreger, Horton and Johnson, JJ.