Allied Aviation Fueling Company of Houston, Reginal Willis v. Cecilia Cruz, Individually and as Next Friend and as Representative of Ulysses D. Cruz

Opinion

Opinion issued July 18, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00083-CV ——————————— ALLIED AVIATION FUELING COMPANY OF HOUSTON, INC. AND REGINALD WILLIS, Appellants/Cross-Appellees V. CECILIA CRUZ, INDIVIDUALLY AND AS NEXT FRIEND AND REPRESENTATIVE OF ULYSSES D. CRUZ, AND S.C., A MINOR, AND ANGELO G. CRUZ, Appellees/Cross-Appellants

On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2019-81830

MEMORANDUM OPINION

Appellants, Allied Aviation Fueling Company of Houston, Inc. and Reginald

Willis, filed a notice of appeal from an amended final judgment signed February 7,

2022. Appellees filed a notice of cross appeal on February 16, 2022. On January 23, 2023, the parties filed a joint motion to abate this appeal to

permit the parties to complete the terms of a mediated settlement agreement. The

Court granted the motion and ordered the appeal abated until June 1, 2023. On

May 19, 2023, the parties filed a letter advising the Court that they were preparing

to execute the final settlement documents and expected to update the Court no later

than June 30, 2023. On June 28, 2023, the parties filed a joint motion to dismiss,

asking this Court to vacate the trial court’s amended final judgment signed on

February 7, 2022 and dismiss the case pursuant to the parties’ settlement. We have

not issued a decision in the appeal.

Accordingly, we vacate the trial court’s amended final judgment signed on

February 7, 2022 and dismiss the case. See TEX. R. APP. P. 42.1(a), 43.2(e). We

dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Countiss.