In Re Sasha Perez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 4, 2024
• Docket: 13-23-00538-CV
• Status: Published

Opinion

NUMBER 13-23-00538-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

IN RE SASHA PEREZ ____________________________________________________________

On appeal from the 28th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Tijerina Memorandum Opinion by Justice Tijerina

Appellant Neutron Holdings, Inc. d/b/a Lime filed an interlocutory appeal on

November 28, 2023, in this Court challenging the trial court’s denial of its motion to compel

arbitration. Appellant has filed an unopposed motion to dismiss this interlocutory appeal

because appellee Sasha Perez has filed a notice of nonsuit in the trial court making this

appeal moot. See Lensing v. Card, 417 S.W.3d 152, 155 (Tex. App.—Dallas 2013, no

pet.) (providing that a notice of nonsuit in the trial court renders a pending interlocutory

appeal moot). The Court, having considered the documents on file and appellant’s unopposed

motion to dismiss the appeal, is of the opinion that the motion should be granted. See

TEX. R. APP. P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is hereby

dismissed. Costs will be taxed against each party incurring same as requested by

appellant and agreed-to by appellee. See TEX. R. APP. P. 42.1(d) (“Absent agreement of

the parties, the court will tax costs against the appellant.”). Having dismissed the appeal

at appellant’s request, no motion for rehearing will be entertained.

JAIME TIJERINA Justice

Delivered and filed on the 4th day of January, 2024.