Equal allocation of appellate costs was not agreed to by the parties, only dismissal. TRAP 42.1 addresses voluntary dismissal in civil cases and states that costs will be taxed against the appellant absent agreement of the parties. Tex. R. App. P. 42.1(d).
City of Houston v. Proler , No. 14-08-00110-CV (Tex.App.- Houston [14th Dist.] June 26, 2008) (per curiam) (agreed dismissal, motion to split costs denied in absence of agreement) Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon
Because there is no agreement in this case, we deny appellant's request to split costs.
We grant appellant's motion to dismiss the appeal, we deny as moot appellee's motion to dismiss the appeal, and we order the appeal dismissed.