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

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




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                            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.




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