Lee M. Gilley v. Christopher Bauer

• Court: Court of Appeals of Texas
• Decided: July 22, 2025
• Docket: 01-25-00362-CV
• Status: Published

Opinion

Opinion issued July 22, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00362-CV ——————————— LEE MONGERSON GILLEY, Appellant V. CHRISTOPHER J. BAUER AND SHARON BAUER, Appellees

On Appeal from the 280th District Court Harris County, Texas Trial Court Case No. 2024-72278

MEMORANDUM OPINION

Appellant, Lee Mongerson Gilley, filed a notice of appeal from the trial

court’s February 12, 2025 Protective Order in the underlying trial court cause. On

May 27, 2025, the trial court signed a First Amended Protective Order, and on June 17, 2025, appellant filed an amended notice of appeal, seeking to appeal the First

Amended Protective Order.

On July 9, 2025, appellant filed a “Notice of Nonsuit - Voluntary Dismissal

of Appeal,” which we construe as a motion to dismiss the appeal. In his motion,

appellant stated that he “no longer desire[d] to prosecute this [a]ppeal.” Appellant

therefore seeks dismissal of the appeal. See TEX. R. APP. P. 42.1(a) (permitting

voluntary dismissal of appeal on motion of appellant).

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 whether appellees, Christopher J. Bauer and Sharon Bauer, are

opposed to the relief requested in the motion. See TEX. R. APP. P. 10.1(a)(5).

However, more than ten days has passed and appellees have not responded to

appellant’s motion. See TEX. R. APP. P. 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 Guerra, Gunn, and Dokupil.