Opinion
01-18-00919-CV
09-01-2022
HONG PHUOC NGO AND DUYEN NGOC DANG, Appellants v. ASSOCIATION OF WOODWIND LAKES HOMEOWNERS, INC., Appellee
On Appeal from the 190th District Court Harris County, Texas Trial Court Case No. 2018-38662
Panel consists of Justices Landau, Rivas-Molloy, and Guerra.
MEMORANDUM OPINION
PER CURIAM
We issued an opinion in this case affirming the judgment of the trial court on December 17, 2020. Appellants, Hong Phuoc Ngo and Duyen Ngoc Dang, filed a motion for en banc consideration of this opinion. While their motion has been pending, Appellants filed a motion to dismiss stating that the parties have resolved the pending dispute and settled the matter between them, and requesting that we dismiss the appeal and order the parties to bear their own costs and attorney's fees as agreed upon by the parties. See Tex. R. App. P. 42.1(a)(1) (stating appellate court may dismiss appeal in accordance with motion of appellant). More than 10 days have elapsed, and no objection has been filed. Although neither party has requested that we withdraw our December 17, 2020 opinion, we must determine whether to do so sua sponte. See Tex. R. App. P. 42.1(c) ("In dismissing a proceeding, the appellate court will determine whether to withdraw any opinion it has already issued. An agreement or motion for dismissal cannot be conditioned on withdrawal of the opinion.").
Accordingly, we grant the motion to dismiss, withdraw our December 17, 2020 opinion and the dissenting opinion, vacate our December 17, 2020 judgment, substitute this opinion and judgment in their place, and order the parties to bear their own costs and attorney's fees. See Tex. R. App. P. 42.1(a)(1), (c), (d). Any pending motions are dismissed as moot.