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Ruhl v. Flip Flop Shops Franchise Co.

Court of Appeals For The First District of Texas
Feb 13, 2014
NO. 01-12-00910-CV (Tex. App. Feb. 13, 2014)

Opinion

NO. 01-12-00910-CV

02-13-2014

ANNA RUHL AND ROBERT DELLINGER, Appellants v. FLIP FLOP SHOPS FRANCHISE COMPANY, LLC, Appellee


On Appeal from the 11th District Court

Harris County, Texas

Trial Court Case No. 1059993


MEMORANDUM OPINION

Appellants, Anna Ruhl and Robert Dellinger, have filed a motion to dismiss the appeal with prejudice because the parties have settled the underlying dispute. 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). Ten days have passed, however, and appellee has not filed a response in opposition. See id. 10.1(b) (providing that court may determine motion before response is filed), 10.3(a) (providing, in pertinent part, that court should not hear or determine motion until ten days after motion is filed, unless motion states that parties have conferred and no party opposes motion). No opinion has issued. See TEX. R. APP. P. 42.1(c).

Accordingly, we grant appellants' motion and dismiss the appeal with prejudice.See id. 42.1(a)(1). We dismiss all other pending motions as moot.

Appellants have submitted a proposed order for each party to bear its respective costs of appeal. Their motion, however, does not indicate that there is an agreement between the parties with respect to allocation of costs. "Absent agreement of the parties, the court will tax costs against the appellant[s]." TEX. R. APP. P. 42.1(d).

PER CURIAM

Panel consists of Justices Jennings, Sharp, and Brown.


Summaries of

Ruhl v. Flip Flop Shops Franchise Co.

Court of Appeals For The First District of Texas
Feb 13, 2014
NO. 01-12-00910-CV (Tex. App. Feb. 13, 2014)
Case details for

Ruhl v. Flip Flop Shops Franchise Co.

Case Details

Full title:ANNA RUHL AND ROBERT DELLINGER, Appellants v. FLIP FLOP SHOPS FRANCHISE…

Court:Court of Appeals For The First District of Texas

Date published: Feb 13, 2014

Citations

NO. 01-12-00910-CV (Tex. App. Feb. 13, 2014)