Ashley Woodiel v. Jarrod Smith D/B/A the Law Offices of Jarrod D. Smith
Docket 01-25-00531-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 01-25-00531-CV
Appeal from a judgment or order in a civil case in the 412th Judicial District Court of Brazoria County, Texas, voluntarily dismissed by the parties' joint motion after settlement.
Summary
The Court of Appeals dismissed this interlocutory appeal because the parties informed the court they reached a settlement and filed a joint motion to dismiss. Both parties agreed to bear their own appellate costs, counsel signed the motion, and no cross-appeal was filed. The court granted the motion, dismissed the appeal, ordered costs taxed against the parties who incurred them, and denied as moot any pending motions.
Issues Decided
- Whether the appeal should be dismissed based on the parties' joint motion and settlement agreement.
- Whether each party should bear its own appellate costs.
Court's Reasoning
The parties represented they reached a settlement and filed a signed agreed motion to dismiss, satisfying Texas Rule of Appellate Procedure 42.1(d). Because no cross-appeal was filed and no opinion had issued, the court had authority under the rules to grant the motion and dismiss the appeal. The court followed the applicable appellate rules to allocate costs and dismiss pending motions as moot.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.1(a)(1), 42.1(d), 42.1(c), 43.2(f)
Parties
- Appellant
- Ashley Woodiel
- Appellee
- Jarrod Smith d/b/a The Law Offices of Jarrod D. Smith
- Judge
- Chief Justice Adams
- Judge
- Justice Guerra
- Judge
- Justice Guiney
Key Dates
- Opinion issued
- 2026-04-14
What You Should Do Next
- 1
Comply with settlement terms
Each party should follow the obligations and deadlines set out in the settlement agreement to avoid further disputes or enforcement actions.
- 2
Confirm cost allocations
Verify which party incurred specific appellate costs and arrange payment as the court directed that costs be taxed against the parties who incurred them.
- 3
Close case files
Counsel should file any required dismissal documents in the trial court, update client files, and notify insurers or other interested parties of the settlement and dismissal.
Frequently Asked Questions
- What did the court decide?
- The court granted the parties' joint motion and dismissed the appeal because they reached a settlement and agreed to dismiss.
- Who pays the appellate costs?
- The parties agreed to bear their own appellate costs, and the court directed costs be taxed against the parties who incurred them.
- Does this mean the underlying case is resolved?
- Yes — the dismissal follows the parties' settlement of the underlying dispute; any remaining issues would be governed by the settlement terms.
- Can this dismissal be appealed?
- Generally no, because the parties jointly moved to dismiss after settlement and the court granted that motion; further appellate review is unlikely unless statutory requirements were not followed.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Opinion issued April 14, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-00531-CV
———————————
ASHLEY WOODIEL, Appellant
V.
JARROD SMITH D/B/A THE LAW OFFICES OF JARROD D. SMITH,
Appellee
On Appeal from the 412th Judicial District Court
Brazoria County, Texas
Trial Court Case No. 134897-CV
MEMORANDUM OPINION
The parties, representing that they have reached a settlement agreement
resolving their underlying dispute, have filed an agreed motion to dismiss the
appeal. The parties have agreed that they will bear their own appellate costs. See
TEX. R. APP. P. 42.1(d). Counsel for both parties have signed the motion. No
cross-appeal has been filed, and no opinion has issued. See TEX. R. APP. P.
42.1(c).
Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.
P. 42.1(a)(1), 43.2(f). We direct the Clerk for this Court that costs are to be taxed
against the parties who incurred the same. See TEX. R. APP. P. 42.1(d). We
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.
2