Madison Development Group LLC, Quattro Development, LLC, and Michael Liyeos v. Mattress Firm, Inc.

• Court: Court of Appeals of Texas
• Decided: January 24, 2019
• Docket: 01-18-00548-CV
• Status: Published

Opinion

Opinion issued January 24, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00548-CV ——————————— OLDACRE MCDONALD, LLC AND MARK MCDONALD, QUATTRO DEVELOPMENT, LLC AND MICHAEL LIYEOS, AND MADISON DEVELOPMENT GROUP, LLC, Appellants V. MATTRESS FIRM, INC., Appellee

On Appeal from the 151st District Court Harris County, Texas Trial Court Cause No. 2017-73196

MEMORANDUM ORDER Appellants, Oldacre McDonald, LLC and Mark McDonald, have filed an

unopposed motion to dismiss their appeal. See TEX. R. APP. P. 10.1(a)(5),

10.3(a)(2), 42.1(a)(1). These appellants contend that the appellee no longer wishes to pursue its claims against them and the parties will be filing a joint motion to

dismiss with prejudice in the trial court and, thus, they move to dismiss their appeal.

See TEX. R. APP. P. 42.1(a)(1). Three other appellants have filed two separate

notices of appeal, but are not moving to dismiss, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(1), (c).

Accordingly, we grant appellants Oldacre McDonald, LLC and Mark

McDonald’s motion and dismiss their appeal. See TEX. R. APP. P. 42.1(a)(1),

43.2(f). The appeals by Quattro Development, LLC and Michael Liyeos, and

Madison Development Group, LLC, remain pending. See TEX. R. APP. P. 42.1(b).

PER CURIAM Panel consists of Justices Keyes, Higley, and Landau.