Estate of Marcellus Briscoe, by and Through His Dorothy Hindman; Kimberly Sherlae Houston; James Briscoe v. FCA US LLC F/K/A Chrysler Group LLC; Vitesco Technologies USA, LLC and Its Predecessor in Interest Continental Automotive Systems, Inc.; Broadway Lone Star LTD; West Loop Mitsubishi

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00268-CV

ESTATE OF Marcellus BRISCOE, Deceased, By and Through his Executrix Dorothy Hindman; Kimberly Sherlae Houston; and James Briscoe, Appellants

v.

FCA US LLC f/k/a Chrysler Group LLC; Vitesco Technologies USA, LLC and its predecessor in interest Continental Automotive Systems, Inc.; Broadway Lone Star LTD; West Loop Mitsubishi, Appellees

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2021CI07142 Honorable Monique Diaz, Judge Presiding

PER CURIAM

Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: August 13, 2025

DISMISSED

In May 2025, Appellants Estate of Marcellus Briscoe, deceased, by and through his

Executrix Dorothy Hindman, Kimberly Sherlae Houston, and James Briscoe (“the Briscoe

Appellants”) filed a notice of appeal, stating their intent to appeal from the following orders signed

by the trial court: (1) the trial court’s October 3, 2024 order granting FCA US LLC’s Traditional 04-25-00268-CV

and No-Evidence Motion for Summary Judgment; (2) the trial court’s October 8, 2024 order

granting Vitesco Technologies USA, LLC’s Traditional and No-Evidence Motion for Summary

Judgment; and (3) the trial court’s December 20, 2024 order granting Broadway Lone Star, Ltd.

and West Loop Mitsubishi’s Traditional and No-Evidence Motion for Summary Judgment, which

were made final by the trial court’s final judgment of April 4, 2025. Broadway Lone Star, Ltd. and

West Loop Mitsubishi (“the Broadway Appellants”) filed their own notice of appeal, stating their

intent to appeal from the trial court’s October 17, 2024 order granting Velesco Technologies USA,

LLC’s Traditional and No-Evidence Motion for Summary Judgment and Denying Broadway Lone

Star, Ltd. and West Loop Mitsubishi’s Traditional Motion for Summary Judgment, which were

made final by the trial court’s final judgment of April 4, 2025.

On July 24, 2025, the Briscoe Appellants filed a motion to dismiss their appeal pursuant to

Texas Rule of Appellate Procedure 42.1(a)(1). The motion contains a certificate of service to

appellees, which have not opposed the motion. We thus grant the motion and dismiss the Briscoe

Appellants’ appeal. See TEX. R. APP. P. 42.1(a). The Broadway Appellants’ appeal remains

pending on the docket of this court.

-2-