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 THE No. 08-25-00100-CV PARADIES SHOP, § Appeal from the Appellant, § 205th District Court v. § of El Paso County, Texas EBONY DAVIS, § (TC# 2024DCV3981) Appellee. § JUDGMENT The Court has considered this cause on the Appellant’s motion to voluntarily dismiss the appeal and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal. We further order that Appellant pay all costs of this appeal. See Tex. R. App. P. 42.1(d). This decision shall be certified below for observance. IT IS SO ORDERED this 16th day of June 2025. MARIA SALAS MENDOZA, Chief Justice Before Salas Mendoza, C.J., Palafox, J., and Rodriguez, C.J. (Ret) Rodriguez, C.J. (Ret.) (Sitting by Assignment)
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Status
Decided
Date Decided
June 16, 2025
Jurisdiction
SA
Court Type
federal
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Case Overview
Case Name: Paradies-El Paso, LLC D/B/A The Paradies Shop v. Ebony Davis
Court: Court of Appeals of Texas, Eighth District
Date: June 16, 2025
Citation: No. 08-25-00100-CV
This case involves an appeal by Paradies-El Paso, LLC, operating as The Paradies Shop, against Ebony Davis. The appeal was heard in the Eighth District Court of Appeals of Texas, focusing on procedural aspects of the case.
Key Legal Issues
- Voluntary Dismissal of Appeal: The primary legal issue in this case is the appellant's motion to voluntarily dismiss the appeal.
- Cost Allocation: The court also addressed the allocation of costs associated with the appeal.
Court's Decision
The Court of Appeals granted the appellant's motion to voluntarily dismiss the appeal and ordered that Paradies-El Paso, LLC pay all costs of the appeal. This decision reflects the court's discretion under Texas Rule of Appellate Procedure 42.1(d).
Legal Reasoning
The court's decision to grant the voluntary dismissal was based on the appellant's request, which was deemed appropriate under the applicable rules of appellate procedure. The court emphasized the importance of adhering to procedural rules while also considering the interests of judicial economy.
Key Holdings
- The appeal was dismissed at the request of the appellant, Paradies-El Paso, LLC.
- Paradies-El Paso, LLC is responsible for all costs incurred during the appeal process.
Precedents and Citations
- Texas Rule of Appellate Procedure 42.1(d): This rule allows for voluntary dismissal of an appeal under certain circumstances.
- The court's decision aligns with previous rulings that emphasize the importance of procedural compliance in appellate matters.
Practical Implications
- Cost Responsibility: The ruling underscores the principle that the appellant is liable for costs associated with the appeal, which can influence future decisions regarding whether to pursue an appeal.
- Voluntary Dismissals: This case serves as a reference for other appellants considering voluntary dismissal, highlighting the procedural steps necessary to effectuate such a dismissal.
In conclusion, the dismissal of the appeal in Paradies-El Paso, LLC v. Ebony Davis illustrates the procedural dynamics of appellate law in Texas, particularly regarding voluntary dismissals and cost responsibilities. Legal practitioners should take note of the implications of this ruling for future appellate strategies.
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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