James Carrell v. Lauri Sutton

• Court: Court of Appeals of Texas
• Decided: October 15, 2024
• Docket: 01-24-00666-CV
• Status: Published

Opinion

Opinion issued October 15, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00666-CV ——————————— JAMES CARRELL, Appellant V. LAURI SUTTON, Appellee

On Appeal from the 309th District Court Harris County, Texas Trial Court Case No. 2021-09932

MEMORANDUM OPINION

Appellant James Carrell filed a “Notice of Nonsuit” representing he “no

longer desires to prosecute this appeal against Appellee [Lauri Sutton], and Appellee

has no pleading on file seeking affirmative relief from [him].” We construe

Appellant’s Notice of Nonsuit as a motion to dismiss the appeal. Although Appellant’s motion does not include a certificate of conference

stating he conferred or made a reasonable attempt to confer with Appellee regarding

the relief requested, more than ten days have passed, and Appellee has not expressed

opposition to Appellant’s motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). No cross

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

We grant Appellant’s motion and dismiss the appeal. See TEX. R. APP. P.

42.1(a)(1), 43.2(f). All other pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Rivas-Molloy.