Opinion
10-23-00057-CV
03-28-2024
REXEL USA, INC., Appellant v. PERRY BUILDING & DESIGN, LLC D/B/A PERRY CONSTRUCTION, BRIAN MUNSON, LISA SHANNON AND CHRIS HORNER, Appellees
From the 335th District Court Burleson County, Texas Trial Court No. 30589
Before Chief Justice Gray, Justice Johnson, and Justice Smith
MEMORANDUM OPINION
TOM GRAY CHIEF JUSTICE
This appeal was referred to mediation by this Court on February 9, 2024. The appeal and all the appellate timetables were suspended until the receipt of the mediator's report. No mediator's report has been filed.
However, the parties' Agreed Motion to Dismiss Appeal was filed on March 21, 2024. In the motion, the parties note that appellant no longer desires to pursue any portion of its appeal against the appellees and agree that all costs and attorney's fees should be taxed against and borne by the party incurring same.
Accordingly, after consideration of the parties' motion, the Court lifts the suspension of the appeal and grants the parties' Agreed Motion to Dismiss Appeal filed on March 21, 2024. Further, pursuant to the parties' agreement, all costs and attorney's fees in this appeal are ordered taxed against the party incurring same. See Tex. R. App. P. 42.1(a)(1), (d).