Bobby Story v. Jon Grossman

• Court: Court of Appeals of Texas
• Decided: April 16, 2024
• Docket: 01-24-00049-CV
• Status: Published

Opinion

Opinion issued April 16, 2024

In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00049-CV ——————————— BOBBY STORY, Appellant V. JON L. GROSSMAN AND SUN PACKING, INC., Appellees

On Appeal from the 129th District Court Harris County, Texas Trial Court Case No. 2012-43614

MEMORANDUM OPINION Appellant Bobby Story filed a First Amended Motion to Dismiss Appeal,

requesting that we “dismiss this appeal.”1 No cross appeal has been filed, and no

opinion has issued. See TEX. R. APP. P. 42.1(a)(1).

In his certificate of conference, Appellant states that he attempted to confer

with Appellees Jon L. Grossman and Sun Packing, Inc. regarding the relief requested

in the motion, but was unable to get a response. More than ten days have passed,

and no party has expressed opposition to Appellant’s motion. See TEX. R. APP. P.

10.1(a)(5), 10.3(a).

We grant Appellant’s amended motion and dismiss the appeal. See TEX. R.

APP. P. 42.1(a)(1), 43.2(f). All other pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Kelly, Countiss, and Rivas-Molloy.

1 Appellant acknowledged that in his original motion to dismiss, he “inadvertently included language inapplicable to this case.” On March 14, 2024, the Court denied that motion without prejudice to refiling a motion that is compliant. See TEX. R. APP. P. 42.1(a)(2)(B).