EB Elite Power, LLC and Brandon Michael Martin v. Moth Management, Inc. and EADO Investments, L.P.

Opinion

Motion Granted, Appeal Dismissed, and Memorandum Opinion filed January 13, 2022.

In The

Fourteenth Court of Appeals

NO. 14-21-00464-CV

ELITE POWER, LLC AND BRANDON MICHAEL MARTIN, Appellants

V.

MOTH MANAGEMENT, INC. AND EADO INVESTMENTS, L.P., Appellees

On Appeal from the 190th District Court Harris County, Texas Trial Court Cause No. 2018-86771

MEMORANDUM OPINION

This is an appeal from a final judgment signed May 17, 2021. On January 5, 2022, the parties filed a joint motion to dismiss the appeal “with prejudice.” The Texas Rules of Appellate Procedure speak only of a dismissal of an appeal; neither “with prejudice” nor “without prejudice” is appended to the word “dismissal”. See Tex. R. App. P. 42.1. We construe the motion as one for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). So construed, the motion is granted, and the appeal is dismissed.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson.