Lee M. Gilley v. Christopher Bauer

Opinion

Opinion issued July 22, 2025

In The

Court of Appeals

For The

First District of Texas

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.

Footnotes

1. 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