Keith Hamaker v. Collin Central Appraisal District Appeal from 366th Judicial District Court of Collin County (memorandum opinion)

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DISMISS and Opinion Filed October 16, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00134-CV KEITH HAMAKER, Appellant V. COLLIN CENTRAL APPRAISAL DISTRICT, Appellee On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-04587-2016 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright Before the Court is appellee’s August 9, 2018 involuntary motion to dismiss the appeal on the ground that the appeal is moot as the parties have settled. Also before the Court is appellant’s August 28, 2018 second motion to dismiss the appeal and request for sanctions. The parties signed a settlement agreement on August 6, 2018. A copy of the parties’ settlement agreement has been filed with the Court. The settlement agreement required appellant to dismiss the appeal no later than August 10, 2018. Appellant explains in his second motion to dismiss that his first motion to dismiss was “sent for filing on August 10, 2018 by USPS and apparently has been lost or misplaced.” In his motion to dismiss, appellant asks that the Court vacate the trial court’s judgment and dismiss the appeal. The parties’ settlement agreement does not provide for vacating the trial court’s judgment. Moreover, the motion is not agreed. We DENY appellant’s request for sanctions and otherwise GRANT appellant’s motion to the extent that we dismiss the appeal. See TEX. R. APP. P. 42.1(a). We DENY appellee’s motion to dismiss as moot. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 180134F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KEITH HAMAKER, Appellant No. 05-18-00134-CV On Appeal from the 366th Judicial District Court, Collin County, Texas Trial Court Cause No. 366-04587-2016. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. V. COLLIN CENTRAL APPRAISAL DISTRICT, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that the parties bear their own costs of this appeal. Judgment entered October 16, 2018. –3–