the City of Houston, Sylvester Turner, Mayor, and Carol Haddock, Director of Public Works v. Myriad Apartment Associates D/B/A Myriad Apartments

• Court: Court of Appeals of Texas
• Decided: January 27, 2022
• Docket: 13-21-00121-CV
• Status: Published

Opinion

NUMBER 13-21-00121-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

THE CITY OF HOUSTON, SYLVESTER TURNER, MAYOR, AND CAROL HADDOCK, DIRECTOR OF PUBLIC WORKS, Appellants,

v.

MYRIAD APARTMENT ASSOCIATES D/B/A MYRIAD APARTMENTS, Appellee. ____________________________________________________________

On appeal from the 80th District Court of Harris County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Tijerina, and Silva Memorandum Opinion by Justice Silva This matter is before the Court on appellants’ unopposed motion for voluntary

dismissal of appeal. 1 This matter was abated on November 22, 2021, to allow the parties

the opportunity to engage in ongoing settlement negations. Appellants now desire to

dismiss this appeal because the parties have settled this case, and nothing remains for

this Court to decide.

The Court, having considered appellants’ motion, is of the opinion that the motion

should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, this cause is reinstated,

appellants’ unopposed motion to dismiss is granted, and the appeal is hereby dismissed.

Costs will be taxed against the appellants. See TEX. R. APP. P. 42.1(d) (“Absent

agreement of the parties, the court will tax costs against the appellant.”). Because the

appeal is dismissed at the appellants’ request, no motion for rehearing will be entertained.

CLARISSA SILVA Justice

Delivered and filed on the 27th day of January, 2022.

1 This case is before the Court on transfer from the First Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.