Omari J. Thomas v. P. C. F. Properties in Tx. LLC

• Court: Court of Appeals of Texas
• Decided: December 28, 2023
• Docket: 01-23-00789-CV
• Status: Published

Opinion

Opinion issued December 28, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00789-CV ——————————— OMARI J. THOMAS, Appellant V. P.C.F. PROPERTIES IN TX, LLC, Appellee

On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2023-63377

MEMORANDUM OPINION

Appellant Omari J. Thomas filed a “Motion to Dismiss Appeal for Lack of

Jurisdiction,” representing he “non-suited the entire case and all . . . claims against

[Appellee P.C.F. Properties in TX, LLC].” Appellant therefore requested that the

Court “dismiss the pending appeal for want of jurisdiction due to the absence of a case or controversy.” No cross appeal has been filed, and no opinion has issued.

See TEX. R. APP. P. 42.1(a)(1), (c). Appellant’s motion includes a certificate of

conference; however, the certificate of conference does not state whether appellee is

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

However, appellee filed a response, stating that it “does not oppose [Appellant’s]

Motion [to Dismiss].” See TEX. R. APP. P. 10.3(b).

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 Chief Justice Adams and Justices Landau and Rivas-Molloy.