Tameka Ross v. Lilac Assisted Living Eagle, Spring and Misha Anup

• Court: Court of Appeals of Texas
• Decided: December 31, 2024
• Docket: 01-24-00785-CV
• Status: Published

Opinion

Opinion issued December 31, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00785-CV ——————————— TAMEKA ROSS, Appellant V. LILAC ASSISTED LIVING LLC AND DHARMISHA ANUP, Appellees

On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2023-47268

MEMORANDUM OPINION

Appellant, Tameka Ross, filed a notice of appeal from the trial court’s

September 17, 2024 “Order on [Appellees, Lilac Assisted Living LLC and

Dharmisha Anup’s] Special Exceptions to [Appellant’s] Second Amended Petition.”

On November 14, 2024, the Court notified appellant that we lacked jurisdiction over her appeal because the order appealed from was not a final judgment or an

appealable interlocutory order. Appellant was further directed to, within ten days of

the date of the Court’s notice, file a written response, with citation to law and the

record, demonstrating that the Court had appellate jurisdiction over the appeal.

In response to the Court’s notice, on December 18, 2024, appellant filed a

motion to “withdraw her appeal” pursuant to Texas Rule of Appellate Procedure

42.1(a). See TEX. R. APP. P. 42.1(a) (permitting voluntary dismissal of appeal on

motion of appellant). Appellant’s motion requested that the Court grant her motion

and withdraw her 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). Appellant’s motion includes a certificate of

conference stating that appellees do not oppose the relief requested in the motion.

See TEX. R. APP. P. 10.1(a)(5), 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 Chief Justice Adams and Justices Rivas-Molloy and Gunn.