In the Management Trust of Joseph Charles Corpora, an Incapacitated Person v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 7, 2024
• Docket: 01-24-00040-CV
• Status: Published

Opinion

Opinion issued November 7, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00040-CV ——————————— IN THE MANAGEMENT TRUST OF JOSEPH CHARLES CORPORA, AN INCAPACITATED PERSON

On Appeal from the Probate Court No. 1 Travis County, Texas1 Trial Court Case No. C-1-PB-23-002076

MEMORANDUM OPINION

1 Pursuant to its docket equalization authority, the Supreme Court of Texas transferred this appeal to this Court. See Misc. Docket No. 23–9109 (Tex. Dec. 21, 2023); see also TEX. GOV’T CODE ANN. § 73.001 (authorizing transfer of cases); TEX. R. APP. P. 41.3 (“In cases transferred by the Supreme Court from one court of appeals to another, the court of appeals to which the case is transferred must decide the case in accordance with the precedent of the transferor court . . . .”). Appellant, Joseph Charles Corpora, an incapacitated person, filed a notice of

appeal from the trial court’s December 5, 2023 final judgment. On March 4, 2024,

appellant filed an unopposed motion to abate his appeal, which we granted.

Appellant has now filed an Unopposed Motion to Lift Abatement and Voluntarily

Dismiss Appeal, requesting that the Court reinstate and dismiss his appeal. See TEX.

R. APP. P. 42.1(a)(1). The motion states that it is unopposed and contains a

certificate of conference. See TEX. R. APP. P. 10.3(a)(2). No other party has filed a

notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c).

Accordingly, the Court grants appellant’s motion, reinstates the appeal on the

Court’s active docket, and dismisses the appeal. See TEX. R. APP. P. 42.1(a)(1),

43.2(f). We dismiss any other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Hightower and Countiss.