First Chapel Development, LLC and Dennis R. Bailey v. Reclamation American Group Corporation, as Successor in Interest to 1776 American Properties, VI, LLC
This text of First Chapel Development, LLC and Dennis R. Bailey v. Reclamation American Group Corporation, as Successor in Interest to 1776 American Properties, VI, LLC (First Chapel Development, LLC and Dennis R. Bailey v. Reclamation American Group Corporation, as Successor in Interest to 1776 American Properties, VI, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion issued July 18, 2024
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-23-00645-CV ——————————— FIRST CHAPEL DEVELOPMENT, LLC AND DENNIS R. BAILEY, Appellants/Cross-Appellees V. RECLAMATION AMERICAN GROUP CORPORATION, AS SUCCESSOR IN INTEREST TO 1776 AMERICAN PROPERTIES VI, LLC, Appellee/Cross-Appellant
On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2018-56211
MEMORANDUM OPINION
After our October 31, 2023 opinion and judgment granted voluntary dismissal
of this appeal, the parties filed an agreed motion for voluntary dismissal of a cross-
appeal. To clarify that the appeal is dismissed in its entirety, including all cross-
appeals, we withdraw our previous opinion and judgment of October 31, 2023 and issue the following opinion in its stead. See TEX. R. APP. P. 42.1(c) (“In dismissing
a proceeding, the appellate court will determine whether to withdraw any opinion it
has already issued.”).
On August 31, 2023, First Chapel Development, LLC and Dennis R. Baily
filed a notice of appeal seeking to appeal the trial court’s interlocutory order signed
on August 11, 2023 denying their motion to compel arbitration. On September 18,
2023, First Chapel Development, LLC and Dennis R. Baily filed a motion for
voluntary dismissal of their appeal. More than ten days elapsed since the filing of
the motion, and no party objected to dismissal. See TEX. R. APP. P. 10.3(a).
On September 15, 2023, Reclamation American Group Corporation filed a
notice of appeal seeking to appeal the trial court’s interlocutory order signed on
September 12, 2023 vacating the August 11, 2023 order and compelling arbitration.
On December 11, 2023, the parties filed an agreed motion to voluntarily dismiss the
appeal filed by Reclamation American Group Corporation.
We grant both the motion for voluntary dismissal filed by First Chapel
Development, LLC and Dennis R. Baily on September 18, 2023, and the agreed
motion for voluntary dismissal filed by the parties on December 11, 2023. See TEX.
R. APP. P. 42.1(a)(1). Accordingly, this appeal is dismissed in its entirety, including
all cross-appeals. We dismiss any other pending motions as moot.
PER CURIAM
Panel consists of Justices Kelly, Landau, and Farris
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