Paradies-El Paso, LLC. D/B/A the Paradies Shop v. Ebony Davis
Court
Court of Appeals of Texas
Decided
June 16, 2025
Jurisdiction
SA
Importance
44%
Practice Areas
Case Summary
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § PARADIES-EL PASO, LLC. D/B/A No. 08-25-00100-CV THE PARADIES SHOP, § Appeal from the Appellant, § 205th District Court v. § of El Paso County, Texas EBONY DAVIS, § (TC# 2024DCV3981) Appellee. § § MEMORANDUM OPINION Appellant Paradies-El Paso, LLC d/b/a The Paradies Shops has filed a motion to dismiss this appeal. The motion states that it is made voluntarily and in good faith. As the Court has not yet issued an opinion in this case, the motion to dismiss the appeal is granted pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). See Tex. R. App. P. 42.1(a)(1) (allowing an appellate court to dismiss an appeal on the motion of the appellant.). Costs of the appeal are taxed against Appellant. See Tex. R. App. P. 42.1(d). MARIA SALAS MENDOZA, Chief Justice June 16, 2025 Before Salas Mendoza, C.J., Palafox, J., and Rodriguez, C.J. (Ret) Rodriguez, C.J. (Ret.) (Sitting by Assignment)
Case Details
Case Details
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Status
Decided
Date Decided
June 16, 2025
Jurisdiction
SA
Court Type
federal
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Case Summary
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Case Overview
Case Name: Paradies-El Paso, LLC d/b/a The Paradies Shop v. Ebony Davis
Citation: Unknown
Court: Court of Appeals of Texas (Federal)
Date: June 16, 2025
Jurisdiction: San Antonio (SA)
This case involves an appeal filed by Paradies-El Paso, LLC, operating as The Paradies Shop, against Ebony Davis. The appellant sought to challenge a decision made by the 205th District Court of El Paso County, Texas. However, the appellant voluntarily filed a motion to dismiss the appeal, which the court granted.
Key Legal Issues
- Voluntary Dismissal: The legal implications of an appellant voluntarily dismissing an appeal.
- Costs of Appeal: Understanding how costs are allocated when an appeal is dismissed.
Court's Decision
The Court of Appeals of Texas granted the motion to dismiss the appeal filed by Paradies-El Paso, LLC. The dismissal was made in accordance with Texas Rule of Appellate Procedure 42.1(a)(1), which allows for dismissal upon the appellant's request prior to the issuance of an opinion.
Legal Reasoning
The court's decision to grant the dismissal was based on the appellant's assertion that the motion was made voluntarily and in good faith. Since no opinion had been issued by the court at the time of the dismissal, the procedural rules permitted the court to grant the motion without further deliberation.
Key Holdings
- The appeal was dismissed based on the appellant's voluntary motion.
- Costs associated with the appeal were taxed against the appellant, Paradies-El Paso, LLC.
- The dismissal was executed in accordance with Texas Rule of Appellate Procedure 42.1(a)(1).
Precedents and Citations
- Texas Rule of Appellate Procedure 42.1(a)(1): This rule outlines the conditions under which an appellate court may dismiss an appeal at the request of the appellant.
- Texas Rule of Appellate Procedure 42.1(d): This rule addresses the taxation of costs in the event of a dismissal.
Practical Implications
This case highlights several important aspects of appellate procedure:
- Voluntary Dismissals: Appellants have the right to withdraw their appeals, which can be a strategic decision based on various factors, including the costs and potential outcomes of continuing litigation.
- Cost Allocation: The ruling emphasizes that costs incurred during the appeal process will typically be borne by the appellant when an appeal is dismissed voluntarily. This serves as a reminder for appellants to consider the financial implications of their decisions in appellate matters.
- Legal Strategy: The ability to voluntarily dismiss an appeal can be a useful tool in legal strategy, allowing parties to reassess their positions without the pressure of ongoing litigation.
In conclusion, the dismissal of the appeal in Paradies-El Paso, LLC v. Ebony Davis serves as a significant reminder of the procedural options available to appellants in Texas and the importance of understanding the implications of such decisions.
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Case Details
Legal case information
Status
Decided
Date Decided
June 16, 2025
Jurisdiction
SA
Court Type
federal
Legal Significance
Case importance metrics
Metadata
Additional information
Quick Actions
Case management tools