Texas Education Agency Edward O'Neill, Executive Director for the Texas Education Agency And Mike Morath, Commissioner of Education, in Their Official Capacities v. Avondale House, Inc.

• Court: Court of Appeals of Texas
• Decided: July 11, 2023
• Docket: 14-23-00251-CV
• Status: Published

Opinion

Motion Granted, Appeal Dismissed, and Memorandum Opinion filed July 11, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00251-CV

TEXAS EDUCATION AGENCY; EDWARD O’NEILL, EXECUTIVE DIRECTOR FOR THE TEXAS EDUCATION AGENCY; AND MIKE MORATH, COMMISSIONER OF EDUCATION, IN THEIR OFFICIAL CAPACITIES, Appellants

V.

AVONDALE HOUSE, INC., Appellee

On Appeal from the 250th District Court Travis County, Texas Trial Court Cause No. D-1-GN-23-000277

MEMORANDUM OPINION

This is an appeal from interlocutory orders signed February 27, 2023 granting injunctive relief and granting in part and denying in part appellants’ plea to the jurisdiction. On June 30, 2023, appellants filed an unopposed motion to dismiss the appeal “with prejudice.” The Texas Rules of Appellate Procedure speak only of dismissal of an appeal; neither “with prejudice” nor “without prejudice” is appended to the word “dismissal.” See Tex. R. App. P. 42.1. We construe the motion as one for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). So construed, the motion is granted, and the appeal is dismissed.

PER CURIAM

Panel consists of Justices Jewell, Hassan, and Wilson.