Jason Garcia v. Office of the Attorney General

• Court: Court of Appeals of Texas
• Decided: April 6, 2023
• Docket: 01-23-00114-CV
• Status: Published

Opinion

Opinion issued April 6, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00114-CV ——————————— JASON GARCIA, Appellant V. OFFICE OF THE ATTORNEY GENERAL, Appellee

On Appeal from the 25th District Court Colorado County, Texas Trial Court Cause No. 25,678

MEMORANDUM OPINION

Appellant, Jason Garcia, filed an amended notice of restricted appeal from

the trial court’s September 26, 2022 judgment, September 26, 2022 order

confirming arrears and foreclosing lien, and November 23, 2022 order of sale. On

March 17, 2023, appellant filed a motion to dismiss, stating that the parties had “resolved all issues leading to th[e] appeal” and the “appeal [was] no longer

necessary.”

No other party has filed a notice of appeal, and no opinion has issued. TEX.

R. APP. P. 42.1(a)(1), (c). Appellant’s motion does not include a certificate of

conference that states that appellant conferred, or made a reasonable attempt to

confer with appellee, the Office of the Attorney General, regarding the relief

requested in the motion.1 See TEX. R. APP. P. 10.1(a)(5). However, more than ten

days have passed, and no party has expressed opposition to appellant’s motion.

See TEX. R. APP. P. 10.3(a)(2).

Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX.

R. APP. P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra.

1 Appellant’s motion states that “a [c]ertification of [c]onference is not necessary in this matter as the appeal is being dismissed pursuant to a [r]ule 11 settlement agreement.” But see TEX. R. APP. P. 10.1(a)(5).