David Jenkins v. City of Houston

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed March 3, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-11-00043-CV

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DAVID JENKINS, Appellant

V.

CITY OF HOUSTON, Appellee

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 2009-13235

M E M O R A N D U M   O P I N I O N

This is an appeal from a summary judgment signed December 17, 2010.  On January 6, 2011, appellant, David Jenkins, filed a motion for new trial.  The trial court granted Jenkins’s motion for new trial on January 24, 2011.  The trial court again granted a summary judgment in favor of appellee, the City of Houston, but the court denied the City’s plea to the jurisdiction.  The City filed a notice of appeal from the denial of its plea to the jurisdiction.  Its appeal is pending under this court’s appellate number 14-11-00091-CV. 

On February 22, 2011, Jenkins filed an unopposed motion to dismiss his appeal.  See Tex. R. App. P. 42.1.  He requested that the court retain the City’s appeal pending under 14-11-00091-CV.  The motion is granted.

Accordingly, Jenkins’s appeal is ordered dismissed.  The City’s appeal remains pending under our number 14-11-00091-CV.

PER CURIAM

Panel consists of Justices Anderson, Seymore, and McCally.