Rise Communities,LLC and GR-M1, Ltd. v. Manvel Planning, Development and Zoning Commission, Et At

• Court: Court of Appeals of Texas
• Decided: May 16, 2023
• Docket: 01-23-00111-CV
• Status: Published

Opinion

Opinion issued May 16, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00111-CV ——————————— RISE COMMUNITIES, LLC AND GR-M1, LTD., Appellants V. MANVEL PLANNING, DEVELOPMENT AND ZONING COMMISSION AND JOSE ABRAHAM, CITY PLANNER FOR THE CITY OF MANVEL, Appellees

On Appeal from the 239th District Court Brazoria County, Texas Trial Court Case No. 120734-CV

MEMORANDUM OPINION

Appellants, Rise Communities, LLC and GR-M1, Ltd., filed a notice of appeal

from the trial court’s February 7, 2023 order denying appellants’ application for

temporary injunction. On May 8, 2023, appellants filed an “Unopposed Motion to Dismiss Interlocutory Appeal,” stating that parties had “reached an agreement which

moot[ed] the subject matter of this appeal.” Based on that agreement, appellants

requested that the Court 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). Appellants’ motion includes a certificate of

conference stating that appellees, Manvel Planning, Development and Zoning

Commission and Jose Abraham, City Planner for the City of Manvel, are unopposed

to the relief requested in the motion. See TEX. R. APP. P. 10.3(a)(2).

Accordingly, the Court grants appellants’ 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 Chief Justice Adams and Justices Guerra and Farris.