De La Vega v. Imming - Appeal Dismissed

Texas Court of Appeals

Filed March 2nd, 2026

Detected March 5th, 2026

Summary

The Texas Court of Appeals, 8th District, dismissed the appeal in De La Vega v. Imming (Docket No. 08-25-00065-CV) on March 2, 2026. The dismissal was granted upon the unopposed motion of the appellants, who stated that the parties had settled their disputes.

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What changed

The Texas Court of Appeals, 8th District, has dismissed the appeal in De La Vega v. Imming, docket number 08-25-00065-CV. The dismissal was granted on March 2, 2026, following an unopposed motion by the appellants, who indicated that the parties had reached a settlement resolving their disputes, including the appeal. The court denied the appellants' request to have the $20,000 supersedeas bond refunded directly to them, noting that such relief falls outside the scope of the rule governing dismissal motions and directing them to the trial court for that matter.

This action signifies the closure of this specific appellate proceeding due to a settlement. While the appeal itself is dismissed, the underlying settlement terms would need to be addressed in the trial court. Legal professionals involved in similar cases should note the procedural mechanism for dismissing appeals based on settlement and the proper venue for ancillary relief requests, such as the return of supersedeas funds.

Penalties

Costs of the appeal are taxed against Appellants.

Source document (simplified)

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March 2, 2026 Get Citation Alerts Download PDF Add Note

Osvaldo De La Vega, Oscar De La Vega, Felicitas De La Vega and Alicia De La Vega v. Ashley Imming F/K/A Ashley Corbus

Texas Court of Appeals, 8th District (El Paso)

Citations: None known
Docket Number: 08-25-00065-CV
Nature of Suit: Miscellaneous/other civil
Disposition: Dismissed
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Dismissed

Lead Opinion

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
————————————

No. 08-25-00065-CV
————————————

Osvaldo De La Vega, Oscar De La Vega, Felicitas De La Vega, and
Alicia De La Vega, Appellants
v.
Ashley Imming f/k/a Ashley Corbus, Appellee

On Appeal from County Criminal Court at Law No. 1
El Paso County, Texas
Trial Court No. 2024-CCV01090

M E MO RA N D UM O PI NI O N
Appellants have filed an unopposed motion to dismiss this appeal, stating that the parties

have settled their disputes, including this appeal. No other party has filed a notice of appeal and

no opinion has been issued. Accordingly, we grant the motion and dismiss the appeal. See Tex. R.

App. P. 42.1(a)(1) (allowing dismissal of appeal on motion of appellant).

Appellants further request that “[t]he $20,000 in cash posted with the El Paso County Clerk

to supersede the judgment . . . be ordered refunded to [A]ppellants by check payable to ‘Lopez

Molinar & Hirsh PLLC in Trust.’” However, such relief falls outside the scope of Rule 42.1(a)(1).
See id. (allowing only dismissal of an appeal or affirmance of an appealed judgment or order where

relief is granted based on appellant’s motion); cf. id. 42.1(a)(2) (allowing rendition of judgment

effectuating the parties’ agreement where relief is granted based on agreement signed by the parties

and filed with the clerk). Accordingly, we deny this request. 1

Costs of the appeal are taxed against Appellants. See Tex. R. App. P. 42.1(d). 2 Any other

pending motions are denied as moot.

LISA J. SOTO, Justice

March 2, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

1
Under the circumstances, the trial court is the proper forum in which to make such a request. See Burns v. Bishop,
48 S.W.3d 459, 467 (Tex. App.—Houston [14th Dist.] 2001, no pet.) (“Funds on deposit in the registry of a trial court
are always subject to the control and order of the trial court, and the court enjoys great latitude in dealing with them.”).
2
Appellants request that costs be taxed against the party incurring them. Because the motion does not reflect that
Appellee agreed to this request, we must tax costs against Appellants. See Tex. R. App. P. 42.1(d) (“Absent agreement
of the parties, the court will tax costs against the appellant.”).