Juliana Lopez Cortez v. Pharia LLC

• Court: Court of Appeals of Texas
• Decided: May 9, 2024
• Docket: 01-24-00064-CV
• Status: Published

Opinion

Opinion issued May 9, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00064-CV ——————————— JULIANA L. LOPEZ, Appellant V. PHARIA, L.L.C., Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 926080

MEMORANDUM OPINION

Appellant, Juliana L. Lopez, filed a notice of appeal from the trial court’s

August 5, 2009 “Order of Nonsuit Without Prejudice.”1 On March 13, 2024,

1 On February 8, 2024, the Clerk of this Court notified appellant that her notice of appeal, filed on January 23, 2024, may not have been timely filed to appeal the trial court’s August 5, 2009 “Order of Nonsuit Without Prejudice.” Appellant was appellant filed a motion to dismiss her appeal, stating that she wished “to withdraw

[her] appeal” and requesting that the Court grant her motion.

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

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

conference stating that appellant conferred, or made a reasonable attempt to confer,

with appellee regarding the relief requested in the motion. 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, the Court grants appellant’s motion and dismisses the appeal.2

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 Justices Landau, Countiss, and Guerra.

directed to file a response to the notice demonstrating that the Court had jurisdiction over her appeal. Appellant did not file a response, but instead filed a motion to dismiss her appeal. 2 To the extent that appellant’s motion includes a request to transfer the record from this appeal, appellate cause number 01-24-00064-CV, to another pending appeal, appellate cause number 01-24-00047-CV, that request is dismissed as moot.