Gregory Wayne Abbott in His Official Capacity as Governor of Texas v. Stirr Dallas, LLC

Opinion

DISMISS and Opinion Filed December 2, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00694-CV

GREGORY WAYNE ABBOTT IN HIS OFFICIAL CAPACITY AS GOVERNOR OF TEXAS, Appellant V. STIRR DALLAS, LLC, CITIZEN UPTOWN, LIMITED LIABILITY COMPANY, THAT’S NOT A TYPO, LLC, NOT UPTOWN, LLC, BIG FACE HENDO’S LLC, REAL HART, LLC, THE SIDE STREET BAR, INC., AND MICHAEL BLOHM D/B/A ISLAND CLUB, Appellees

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-09166

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Nowell Opinion by Justice Reichek Gregory Wayne Abbott in his Official Capacity as Governor of Texas brings

this interlocutory appeal from an order denying his plea to the jurisdiction. On

November 3, 2020, appellees notified this Court that it had filed with the trial court

a notice of nonsuit of all their claims against Governor Abbott. Appellees’ nonsuit

vitiated the trial court’s interlocutory order denying Abbott’s plea to the jurisdiction. See Univ. of Texas Med. Branch at Galveston v. Estate of Blackmon, 195 S.W.3d

98, 101 (Tex. 2006) (per curiam).

Before the Court is Governor Abbott’s unopposed motion to dismiss this case

for want of jurisdiction. In his motion, Governor Abbott requests that we vacate the

trial court’s order denying his plea to the jurisdiction and dismiss this case. We grant

the motion, vacate the trial court’s July 24, 2020 order denying Governor Abbott’s

plea to the jurisdiction, and dismiss this case. See TEX. R. APP. P. 42.1(a)(1), 42.3(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

200694F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

GREGORY WAYNE ABBOTT IN On Appeal from the 68th Judicial HIS OFFICIAL CAPACITY AS District Court, Dallas County, Texas GOVERNOR OF TEXAS, Appellant Trial Court Cause No. DC-20-09166. Opinion delivered by Justice No. 05-20-00694-CV V. Reichek. Justices Molberg and Nowell participating. STIRR DALLAS, LLC, CITIZEN UPTOWN LIMITED LIABILITY CO., THAT’S NOT A TYPO, LLC, NOT UPTOWN, LLC, BIG FACE HENDO’S, LLC, REAL HART, LLC, THE SIDE STREET BAR, INC., AND MICHAEL BLOHM D/B/A ISLAND CLUB, Appellees

In accordance with this Court’s opinion of this date, the trial court’s July 24, 2020 order denying Governor Abbott’s plea to the jurisdiction is VACATED and this case is DISMISSED.

It is ORDERED that the parties bear their own costs of this appeal.

Judgment entered December 2, 2020

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