Jose Luis Meneses and Margarita Meneses v. Lajita Homes, LLC, American Pointe Reality, Ltd. and American Pointe Reality Management, LLC, Jerry Gardner, La Mancha, Ltd., and Thurman Investment Properties, Inc.

• Court: Court of Appeals of Texas
• Decided: October 31, 2024
• Docket: 01-24-00517-CV
• Status: Published

Opinion

Opinion issued October 31, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00517-CV ——————————— JOSE LUIS MENESES AND MARGARITA MENESES, Appellants V. AMERICAN POINTE REALITY, LTD., AMERICAN POINTE REALITY MANAGEMENT, LLC, LA MANCHA, LTD., AND THURMAN INVESTMENT PROPERTIES, INC., Appellees

On Appeal from the County Court at Law No. 2 Waller County, Texas Trial Court Case No. CV23-04-0744-A

MEMORANDUM OPINION

Appellants, Jose Luis Meneses and Margarita Meneses, have filed a “Motion

to Dismiss Appeal,” asserting that “the parties have reached an agreement to settle and compromise their differences in this suit” and requesting that the Court “render

judgment effectuating the parties’ agreement.”

No other party has filed a notice of appeal, and no opinion has issued.1 See

TEX. R. APP. P. 42.1(a)(2)(A), (c). Further, although appellants’ motion does not

include a certificate of conference stating that appellants conferred or made a

reasonable attempt to confer with appellees, American Pointe Reality, Ltd.,

American Pointe Reality Management, LLC, La Mancha, Ltd., and Thurman

Investment Properties, Inc., regarding the relief requested in the motion, more than

ten days have passed, and appellees have not expressed opposition to appellants’

motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, the Court grants appellants’ motion and dismisses the appeal.

See TEX. R. APP. P. 42.1(a)(2)(A), 43.2(f). We dismiss all other pending motions as

moot.

PER CURIAM

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

1 We note that a related case, Lajita Homes, LLC v. La Mancha, Ltd., Thurman Investment Properties, Inc., American Pointe Realty, Ltd., and American Pointe Realty Management, LLC, remains pending in appellate cause number 01-24-00421-CV.