American Bureua of Shipping, ABS Group of Companies, Inc., ABS Consulting Ltd., and ABSG Consulting Inc. v. Roberto Ulloa

Court of Appeals of Texas·Decided January 28, 2021·No. 01-20-00789-CV·Published

Opinion

Opinion issued January 28, 2021

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-20-00789-CV ——————————— AMERICAN BUREAU OF SHIPPING, ABS GROUP OF COMPANIES, INC., ABS CONSULTING, LTD., AND ABSG CONSULTING, INC., Appellants V. TYPHOON OFFSHORE, S.A.P.I. DE C.V. AND HARREN & PARTNER SHIP MANAGEMENT MEXICO S.A.P.I. DE C.V., Appellees

On Appeal from the 125th District Court Harris County, Texas Trial Court Case No. 2016-29340

MEMORANDUM OPINION

On November 17, 2020, appellants, American Bureau of Shipping, ABS

Group of Companies, Inc., ABS Consulting, Ltd., and ABSG Consulting, Inc., filed

a notice of appeal of the trial court’s October 28, 2020 order sustaining the special appearance of appellee, Typhoon Offshore, S.A.P.I. de C.V. On December 31, 2020,

appellants filed another notice of appeal of the trial court’s December 11, 2020 order

sustaining the special appearance of appellee, Harren & Partner Ship Management

Mexico S.A.P.I. de C.V.

Appellants have filed a motion to voluntarily dismiss their appeal. See TEX.

R. APP. P. 42.1(a)(1). No other party has filed a notice of appeal and no opinion has

issued. See TEX. R. APP. P. 42.1(a)(1), (c). While appellant’s motion contains a

certificate of conference representing that counsel for appellants “sent out an email

. . . to all counsel of record” regarding the contents of the motion, the certificate does

not state whether either appellee was opposed to the relief requested in the motion.

See TEX. R. APP. P. 10.3(a). However, more than ten days have passed and no party

has expressed opposition to appellants’ motion. See TEX. R. APP. P. 10.3(a).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1); 43.2(f). We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Justices Goodman, Landau, and Guerra.

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American Bureua of Shipping, ABS Group of Companies, Inc., ABS Consulting Ltd., and ABSG Consulting Inc. v. Roberto Ulloa, (Tex. Ct. App. 2021).

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