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Five Star Dev. Resort Cmtys. LLC v. UHy Advisors FLVS, Inc.

Court of Appeals For The First District of Texas
Oct 25, 2012
NO. 01-12-00113-CV (Tex. App. Oct. 25, 2012)

Opinion

NO. 01-12-00113-CV

10-25-2012

FIVE STAR DEVELOPMENT RESORT COMMUNITIES, LLC, Appellant v. UHY ADVISORS FLVS, INC., Appellee


On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2010-62355


MEMORANDUM OPINION

Appellant, Five Star Development Resort Communities, LLC, has filed a motion to dismiss the appeal because the claims between the parties have been settled. See TEX. R. APP. P. 42.1(a)(1). The motion contains a certificate of service, but does not contain a certificate of conference. See TEX. R. APP. P. 10.1(a). Over ten days have passed, however, and appellee has not filed a response in opposition. See TEX. R. APP. P. 10.1(b), 10.3(a). No opinion has issued. See TEX. R. APP. P. 42.1(c).

Accordingly, we grant the motion and dismiss the appeal.See TEX. R. APP. P. 42.1(a)(1). We dismiss all other pending motions as moot.

Appellant requests that the mandate issue immediately and that each party bear its respective costs of appeal. Texas Rule of Appellate Procedure 18.1 allows the Court to issue a mandate earlier than the timelines provided therein, "if the parties so agree, or for good cause on the motion of a party." TEX. R. APP. P. 18.1(c). Rule 42.1 provides that "[a]bsent agreement of the parties, the court will tax costs against the appellant." TEX. R. APP. P. 42.1(d). Appellant has not shown that an agreement exists between the parties with respect to the mandate or costs. Further, appellant has not offered any basis on which to conclude that good cause exists to vary from the prescribed timelines under the Rules.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Huddle.


Summaries of

Five Star Dev. Resort Cmtys. LLC v. UHy Advisors FLVS, Inc.

Court of Appeals For The First District of Texas
Oct 25, 2012
NO. 01-12-00113-CV (Tex. App. Oct. 25, 2012)
Case details for

Five Star Dev. Resort Cmtys. LLC v. UHy Advisors FLVS, Inc.

Case Details

Full title:FIVE STAR DEVELOPMENT RESORT COMMUNITIES, LLC, Appellant v. UHY ADVISORS…

Court:Court of Appeals For The First District of Texas

Date published: Oct 25, 2012

Citations

NO. 01-12-00113-CV (Tex. App. Oct. 25, 2012)