Kittle Property Group, Inc. v. the City of Texas City, the City Commission of Texas City, the Texas City Engineering and Planning Department, and the Planning Board of Texas City

• Court: Court of Appeals of Texas
• Decided: May 14, 2024
• Docket: 01-24-00121-CV
• Status: Published

Opinion

Opinion issued May 14, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00121-CV ——————————— KITTLE PROPERTY GROUP, INC., Appellant V. THE CITY OF TEXAS CITY, THE CITY COMMISSION OF TEXAS CITY, THE TEXAS CITY ENGINEERING AND PLANNING DEPARTMENT, AND THE PLANNING BOARD OF TEXAS CITY, Appellees

On Appeal from the 405th District Court Galveston County, Texas Trial Court Case No. 23-CV-1616

MEMORANDUM OPINION

Appellant, Kittle Property Group, Inc., filed a notice of appeal from the trial

court’s January 25, 2024 order sustaining the plea to the jurisdiction filed by

appellees, The City of Texas City, The City Commission of Texas City, The Texas City Engineering and Planning Department, and The Planning Board of Texas City

(collectively, “appellees”). On April 25, 2024, appellant filed a motion to dismiss

its appeal, stating that appellant “no longer desire[d] to pursue its appeal and hereby

s[ought] to voluntarily dismiss the appeal.”

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, but states that appellees do not oppose the relief requested in the motion.

See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

Accordingly, the Court grants appellant’s motion and dismisses 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.