Elizabeth Thomas, James Allen, Allan Haye, Robert Thomas, and James Andersen v. PCF Properties in TX, LLC

• Court: Court of Appeals of Texas
• Decided: August 22, 2024
• Docket: 01-23-00331-CV
• Status: Published

Opinion

Opinion issued August 22, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00331-CV ——————————— ELIZABETH THOMAS, JAMES ALLEN, ALLAN HAYE, ROBERT THOMAS, AND JAMES ANDERSEN, Appellants V. PCF PROPERTIES IN TX, LLC, Appellee

On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2020-35780

MEMORANDUM OPINION

Appellants, James Allen and Robert Thomas, have filed notices of appeal

from the trial court’s April 19, 2023 summary-judgment order.1 On April 29, 2024,

1 Appellants, Elizabeth Thomas, Allan Haye, and James Andersen, also filed notices of appeal from the trial court’s April 19, 2023 summary-judgment order. On April Allen and Thomas filed a motion to dismiss their appeal, stating that they “move[d]

to voluntarily dismiss their appeal pursuant to [Texas] Rule [of Appellate Procedure]

42.1” because “they no longer wish[ed] for it to be heard.” See TEX. R. APP. P.

42.1(a)(1).

No opinion has issued. See TEX. R. APP. P. 42.1(c). Allen and Thomas’s

motion does not include a certificate of conference stating that they conferred, or

made a reasonable attempt to confer, with appellee, PCF Properties in TX, LLC,

regarding the relief requested in the motion. See TEX. R. APP. P. 10.1(a)(5).

However, PCF Properties in TX, LLC, filed a response to Allen and Thomas’s

motion to dismiss.

Accordingly, the Court grants Allen and Thomas’s motion and dismisses their

appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss any other pending

motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Hightower and Countiss.

25, 2024, this Court dismissed the appeals of Thomas, Haye, and Andersen for want of prosecution. See TEX. R. APP. P. 42.3(b).