Curtis Barlow v. Alder Ray Nash, Amarillo Amigo Homes, LLC, and Firstbank Southwest

CourtListener 10027488Txctapp7Jul 29, 2024

Full text

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-24-00065-CV

CURTIS BARLOW, APPELLANT

V.

ALDER RAY NASH, AMARILLO AMIGO HOMES, LLC,
AND FIRSTBANK SOUTHWEST, APPELLEES

On Appeal from the 47th District Court
Potter County, Texas
Trial Court No. 110776-A-CV, Honorable Dee Johnson, Presiding

July 29, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Curtis Barlow, appeals from the trial court’s Final Judgment. We

previously abated this appeal and remanded the cause to the trial court to permit

proceedings necessary to effectuate the agreement of the parties. See TEX. R. APP. P.

42.1(a)(2)(C). Now pending before the Court is Barlow’s unopposed motion requesting

reinstatement of the cause and voluntary dismissal of the appeal.
The Court finds that the motion complies with the requirements of Rule of Appellate

Procedure 42.1(a)(1) and that granting the motion 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 grant the motion, reinstate the cause, and dismiss the appeal.

Because the motion does not reflect an agreement of the parties concerning the payment

of costs, costs will be taxed against Barlow. See TEX. R. APP. P. 42.1(d). No motion for

rehearing will be entertained and our mandate will issue forthwith.

Per Curiam

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