Tarek Ali v. Rola Salah

• Court: Court of Appeals of Texas
• Decided: December 21, 2023
• Docket: 01-23-00574-CV
• Status: Published

Opinion

Opinion issued December 21, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00574-CV ——————————— TAREK ALI AND MOHAMED FARGHALY, Appellants V. ROLA SALAH, Appellee

On Appeal from the 246th District Court Harris County, Texas Trial Court Case No. 2019-40543

MEMORANDUM OPINION

On August 7, 2023, appellant, Tarek Ali, filed a notice of appeal from the trial

court’s May 23, 2023 final judgment in the divorce proceeding between Ali and

appellee, Rola Salah. On August 11, 2023, appellant, Mohamed Farghaly, an

intervenor in the divorce proceeding between Ali and Salah, filed a notice of appeal from the trial court’s May 23, 2023 final judgment. On September 7, 2023, the Court

abated this appeal and referred the appeal to mediation. On November 28, 2023,

appellants filed a “Joint Motion to Dimiss Appeal[].”

In their motion, appellants stated that the “parties attended mediation, settled

the case and resolved all issues as to all parties.” Accordingly, appellants

“request[ed] that this [C]ourt dismiss th[eir] appeal,” and that “the costs of the appeal

are to be taxed against the [a]ppellants.”

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(2), (c). Appellants’ motion does not include a certificate of

conference stating that appellants conferred, or made a reasonable attempt to confer,

with Salah regarding the relief requested in the motion. See TEX. R. APP. P.

10.1(a)(5). However, more than ten days have passed, and no party has expressed

opposition to appellants’ motion. See TEX. R. APP. P. 10.3(a)(2).

Accordingly, we reinstate the appeal on the Court’s active docket, grant

appellants’ motion, and dismiss 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 Justices Kelly, Hightower, and Guerra.