Sun Holdings, Inc. v. Reliant Energy Retail Services, LLC

• Court: Court of Appeals of Texas
• Decided: December 12, 2023
• Docket: 14-23-00260-CV
• Status: Published

Opinion

Appeal Dismissed and Memorandum Opinion filed December 12, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00260-CV

SUN HOLDINGS, INC., Appellant

V.

RELIANT ENERGY RETAIL SERVICES, LLC, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1186511

MEMORANDUM OPINION

This appeal is from an amended final judgment signed May 3, 2023. The clerk’s record was filed May 3, 2023 and a supplemental clerk’s record was filed on June 15. 2023. The reporter’s record was filed June 30, 2023.

Reliant Energy Retail Services, LLC filed a June 2, 2023 notice of appeal from the May 3, 2023 amended final judgment. See Tex. R. App. P. 26.1(d). On September 6, 2023, Reliant Energy Retail Services, LLC filed a voluntary motion to dismiss its appeal. See Tex. R. App. P. 42.1(a)(1). On September 12, 2023 we granted the motion, dismissed Reliant Energy Retail Services, LLC’s appeal, and stated we would tax all costs of that appeal against Reliant Energy Retail Services, LLC at the conclusion of this appellate case. See Tex. R. App. P. 42.1(d).

Sun Holdings, Inc. did not file a brief as appellant. On November 2, 2023, we issued an order stating that unless Sun Holdings, Inc. filed an appellant’s brief on or before December 4, 2023, the remainder of this appeal was subject to dismissal without further notice for want of prosecution. See Tex. R. App. P. 4.1(a), 42.3(b).

Sun Holdings, Inc. filed no brief or other response. We dismiss the remainder of the appeal and tax all costs of Reliant Energy Retail Services, LLC’s appeal against Reliant Energy Retail Services, LLC’s and tax the remaining costs against Sun Holdings, Inc.

PER CURIAM

Panel consists of Justices Jewell, Spain, and Wilson.