Julio Garcia v. Dora Murgai D/B/A Dabb

• Court: Court of Appeals of Texas
• Decided: October 31, 2023
• Docket: 01-23-00670-CV
• Status: Published

Opinion

Opinion issued October 31, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00670-CV ——————————— JULIO CESAR GARCIA, Appellant V. DORA MURGAI D/B/A DABB, Appellee

On Appeal from the 152nd District Court Harris County, Texas Trial Court Case No. 2023-52310

MEMORANDUM OPINION

Appellant Julio Cesar Garcia filed a Motion to Voluntarily Dismiss his appeal,

representing “the parties entered into a Rule 11 Agreement on the record effectively

settling th[e] matter.” No cross appeal has been filed, and no opinion has issued.

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

stating that Appellant conferred or made a reasonable attempt to confer with

Appellee Dora Murgai d/b/a Dabb regarding the relief requested in the motion, more

than ten days have passed, and no party has expressed opposition to Appellant’s

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

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 Goodman, Rivas-Molloy, and Guerra.