Jarod Douet and Jasalyn Mosbey-Douet v. Papillon Romero, Dustin Ferguson D/B/A AACE Inspections and URE, Houston, LLC

Opinion

Motion Granted, Appeal Dismissed, and Memorandum Opinion filed December 22, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00632-CV

JAROD DOUET AND JASALYN MOSBEY-DOUET, Appellants

V.

PAPILLON ROMERO; DUSTIN FERGUSON D/B/A AACE INSPECTIONS; AND URE HOUSTON, LLC, Appellees

On Appeal from the 157th District Court Harris County, Texas Trial Court Cause No. 2018-38090

MEMORANDUM OPINION

This is an appeal from a partial summary judgment signed August 20, 2020. On December 4, 2020, appellants filed a motion to dismiss the appeal “without prejudice.” See Tex. R. App. P. 42.1. The motion states appellants have reviewed the record and believe this court lacks appellate jurisdiction because the August 20, 2020 judgment is not final. Appellants asks that we grant their motion to dismiss “without prejudice” to their appealing a final judgment in the trial court.

The Texas Rules of Appellate Procedure speak of dismissals. They do not describe dismissals as with or without prejudice. Therefore, we construe appellants’ motion as one for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). So construed, the motion is granted and the appeal is dismissed. Our grant of appellants’ motion should not be construed as a conclusion regarding this court’s appellate jurisdiction.

PER CURIAM

Panel consists of Justices Bourliot, Zimmerer, and Spain