John K. Coil, Ave, Inc. and East Bay, Inc. v. John A. Coil, Individually and as Representative of East Bay, Inc. ( 2022 )

Dismiss and Opinion Filed December 28, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00537-CV JOHN K. COIL, AVE, INC. AND EAST BAY, INC., Appellants V. JOHN A. COIL, INDIVIDUALLY AND AS REPRESENTATIVE OF EAST BAY, INC., Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-01235 MEMORANDUM OPINION Before Justices Myers, Pedersen, III, and Garcia Opinion by Justice Pedersen, III Appellants filed their “agreed appellant’s motion to dismiss” on September 14, 2022. Stating the parties have settled their dispute underlying this appeal, appellants have requested this Court to dismiss this appeal “as there is no further dispute between the parties.” The motion’s certificate of conference states that counsel for appellants “spoke to counsel for Appellee and he indicated he would not oppose this Motion to Dismiss.” We note the motion is captioned as an “agreed” motion. Appellee has not filed a response opposing the motion. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1). /Bill Pedersen, III// 210537f.p05 BILL PEDERSEN, III JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHN K. COIL, AVE, INC. AND On Appeal from the 68th Judicial EAST BAY, INC., Appellants District Court, Dallas County, Texas Trial Court Cause No. DC-19-01235. No. 05-21-00537-CV V. Opinion delivered by Justice Pedersen, III. Justices Myers and JOHN A. COIL, INDIVIDUALLY Garcia participating. AND AS REPRESENTATIVE OF EAST BAY, INC., Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that subject to any agreement of the parties, appellee JOHN A. COIL, INDIVIDUALLY AND AS REPRESENTATIVE OF EAST BAY, INC. recover his costs of this appeal from appellants JOHN K. COIL, AVE, INC. AND EAST BAY, INC. Judgment entered this 28th day of December, 2022. –3–