City of San Antonio v. Jeffrey Schaak

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: February 11, 2026
• Docket: 04-25-00702-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00702-CV

CITY OF SAN ANTONIO, Appellant

v.

Jeffrey SCHAAK, Appellee

From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2024-CI-11619 Honorable Cynthia Marie Chapa, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Lori I. Valenzuela, Justice

Delivered and Filed: February 11, 2026

DISMISSED

On January 30, 2026, appellant the City of San Antonio filed an unopposed motion to

dismiss this appeal, end the automatic stay, and immediately issue the mandate. The motion states

that the parties agree to bear their own appellate court costs. The certificate of conference states

that the parties have conferred and that appellee Jeffrey Schaak is unopposed. See TEX. R. APP. P.

10.3(a)(2). Therefore, we grant the motion and dismiss this appeal. See id. R. 42.1(a)(1); 43.2(f).

We order the clerk of the court to immediately issue the mandate. See id. R. 18.1(c). The automatic 04-25-00702-CV

stay imposed by Texas Civil Practice and Remedies Code section 51.014(b) will automatically

expire upon issuance of the mandate. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(b); In re

Madison, 722 S.W.3d 864, 865 (Tex. 2025) (per curiam) (“[W]hen the appellate mandate issues,

the automatic stay expires.”). We order costs of the appeal taxed against the party who bore them.

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