Opinion
07-23-00344-CV
11-09-2023
ERIK LITTLEJOHN, APPELLANT v. STEVEN SHANE BROWN AND KRISTINE BROWN, APPELLEE
On Appeal from the 155th District Court Fayette County, Texas Trial Court No. 2021V-315, Honorable Jeff R. Steinhauser, Presiding
Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001.
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
MEMORANDUM OPINION
PER CURIAM
Appellant, Erick Littlejohn, appeals from the trial court's Final Judgment and Order for Specific Performance. Appellees, Steven Shane Brown and Kristine Brown, have filed a cross-appeal. On October 25, 2023, we abated the appeal, pursuant to the parties' request, to allow the parties time to finalize settlement of the underlying action. Now pending before this Court are the parties' motions to voluntarily dismiss the appeal and cross-appeal as a result of their settlement.
The Court finds that the motions to dismiss comply with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that granting the motions will not prevent any party from seeking relief to which it would otherwise be entitled. As no decision of the Court has been delivered to date, we reinstate the appeal and grant the motions. The appeal and cross-appeal are dismissed. Pursuant to the motions, all costs shall be taxed against Littlejohn. See TEX. R. APP. P. 42.1(d). Further, as requested by Littlejohn, we release the supersedeas bond issued by Harco National Insurance Company (Bond No. 0833497) and filed in the trial court in connection with this appeal. Our mandate will issue within ten days of this opinion.