Byron Thomas v. City of Houston

• Court: Court of Appeals of Texas
• Decided: January 19, 2012
• Docket: 01-11-00858-CV
• Status: Published

Opinion

Opinion issued January 19, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00858-CV

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byron thomas, Appellant

V.

city of houston, Appellee

On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 2011-52895

MEMORANDUM OPINION

Appellant, Byron Thomas, attempts to appeal a City of Houston Civil Service Commissioners’ ruling upholding appellant’s indefinite suspension.  The parties have notified this Court that the case has been removed from state to federal court.  Additionally, the parties have each filed motions to dismiss or withdraw the appeal.

Once a case has been removed from state to federal court, the state court is divested of all jurisdiction over the case.  See Meyerland Co. v. Fed. Deposit Ins. Corp., 848 S.W.2d 82, 83 (Tex. 1993) (order); Stroud v. VBFSB Holding Corp., 917 S.W.2d 75, 84 (Tex. App.—San Antonio 1996, writ denied).  Because this case has been removed to federal court, this court lacks jurisdiction over this appeal.

Accordingly, we dismiss the appeal for lack of jurisdiction.  We dismiss any pending motions as moot.

We direct the Clerk to issue the mandate within 10 days of the date of this opinion.  See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.