Frederick Lee Fuhr v. NUSRAT,Inc.

• Court: Court of Appeals of Texas
• Decided: August 26, 2021
• Docket: 01-21-00396-CV
• Status: Published

Opinion

Opinion issued August 26, 2021

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-21-00396-CV ——————————— FREDERICK LEE FUHR, Appellant V. NUSRAT, INC., Appellee

On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Case No. 19-DCV-269247

MEMORANDUM OPINION

Appellant, Frederick Lee Fuhr, appealed from the trial court’s July 2, 2021

order denying his motion to dismiss in the underlying trial court litigation. Appellant

has filed a motion to dismiss the appeal, representing that “[t]he parties have resolved their dispute by settlement,” rendering the appeal “moot.” Accordingly,

appellant seeks dismissal of the appeal.

No other party has filed a notice of appeal and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(1), (c). Although appellant’s motion does not include a

certificate of conference, more than ten days have passed and no party has opposed

the relief requested in appellant’s motion. See TEX. R. APP. P. 10.3(a)(2).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Farris.