Dallas Independent School District and Mike Morath, the Texas Commissioner of Education v. Erik Tosten Appeal from 419th District Court of Travis County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-20-00326-CV DALLAS INDEPENDENT SCHOOL DISTRICT AND MIKE MORATH, THE TEXAS COMMISSIONER OF EDUCATION, APPELLANTS V. ERIK TOSTEN, APPELLEE On Appeal from the 419th District Court Travis County, Texas Trial Court No. D-1-GN-19-004374, Honorable Catherine A. Mauzy, Presiding No. 07-20-00327-CV DALLAS INDEPENDENT SCHOOL DISTRICT AND MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION OF THE STATE OF TEXAS, APPELLANTS V. VERONICA ARISPE, LENNITTA GILBERT, MARY KENNEDY, ROSA M. RIVERA, LISA THEISS, AND RU-MIN WANG, APPELLEES On Appeal from the 200th District Court Travis County, Texas1 Trial Court No. D-1-GN-19-004370, Honorable Catherine A. Mauzy, Presiding 1 Originally appealed to the Third Court of Appeals, these cases were transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. March 31, 2022 MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ. Appellants appeal from the trial courts’ judgments. On September 22, 2021, we granted the parties’ motion to abate the appeals for settlement negotiations. On March 28, 2022, the parties filed a letter notifying the Court that they have settled all claims and request dismissal of the appeals. We construe the notice as a motion seeking voluntary dismissal of the appeals. 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. Accordingly, we reinstate the appeals, grant the pending motion, and dismiss the appeals. Because the motion does not reflect an agreement between the parties as to the payment of costs, costs will be taxed against appellants. See TEX. R. APP. P. 42.1(d). No motion for rehearing will be entertained and our mandates will issue forthwith. Per Curiam 2

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