Opinion
13-22-00167-CV
11-10-2022
DAPENG HOLDINGS, LLC AND YI CHENG ZHENG, Appellants, v. JEFFORY DEAN BLACKARD, BLACKARD GENERAL PARTNER V, LLC AND BLACKARD GLOBAL DEVELOPMENT II, LLC, Appellees.
On appeal from the 148th District Court of Nueces County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
MEMORANDUM OPINION
JAIME TIJERINA JUSTICE
This Court previously abated this appeal because the parties, appellants Dapeng Holdings, LLC and Yi Cheng Zheng, and appellees, Jeffory Dean Blackard, Blackard General Partner V, LLC, and Blackard Global Development II, LLC, had entered a mediated settlement agreement which could potentially resolve the appeal. These parties have now filed a joint motion to dismiss the appeal on grounds that they have reached a settlement in this matter which has rendered this appeal moot. See Tex. R. App. P. 42.1(a)(1) ("In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled."). The parties request that we dismiss the appeal with all costs to be paid by the party incurring same. See id. R. 42.1 (d) ("Absent agreement of the parties, the court will tax costs against the appellant.").
The Court, having examined and fully considered the joint motion to dismiss the appeal, is of the opinion that the appeal should be dismissed. See id. R. 42.1(a)(1). Accordingly, we reinstate the appeal, grant the joint motion to dismiss, and dismiss the appeal. As per the parties' agreement, the costs will be assessed against the party incurring same. See id. R. 42.1(d). Having dismissed the appeal at the parties' request, no motion for rehearing will be entertained.