Employee Funding of America, LLC v. Clayton Clark; Clark, Love & Hutson, GP; Peter Flowers; Meyers & Flowers LLC

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00391-CV

EMPLOYEE FUNDING OF AMERICA, LLC, APPELLANT

V.

CLAYTON CLARK; CLARK, LOVE & HUTSON, GP; PETER FLOWERS; AND MEYERS & FLOWERS LLC, APPELLEES

On Appeal from the 200th District Court Travis County, Texas Trial Court No. D-1-GN-22-006405, Honorable Daniella DeSeta Lyttle, Presiding

June 5, 2025 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Employee Funding of America, LLC, appeals from the trial court’s Final

Judgment.1 We previously abated the appeal after receiving notice of Appellant’s

bankruptcy proceedings filed in the United States Bankruptcy Court for the Southern

District of Florida. See TEX. R. APP. P. 8.1, 8.2. On March 5, 2025, the parties informed

1 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the

Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. the Court that the bankruptcy stay had been lifted and that the parties were engaged in

settlement negotiations.

Now pending before the Court is Appellant’s unopposed motion seeking to

voluntarily dismiss the appeal. The Court finds that the motion complies with the

requirements of Rule of Appellate Procedure 42.1(a)(1) and that granting the motion will

not prevent any party from seeking relief to which it would otherwise be entitled. As no

decision of the Court has been delivered to date, we reinstate the appeal, grant

Appellant’s motion, and dismiss the appeal. See TEX. R. APP. P. 8.3, 42.1(a)(1). As

requested by the unopposed motion, costs shall be taxed against the parties who incurred

them. See TEX. R. APP. P. 42.1(d). No motion for rehearing will be entertained and our

mandate will issue forthwith.