Tiffany Haire v. New Haven Assisted Living of Tomball LLc

• Court: Court of Appeals of Texas
• Decided: October 5, 2023
• Docket: 01-23-00643-CV
• Status: Published

Opinion

Opinion issued October 5, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00643-CV ——————————— TIFFANY HAIRE, Appellant V. HOUSTON METHODIST WILLOWBROOK HOSPITAL, NEW HAVEN ASSISTED LIVING OF TOMBALL LLC, AND SANFORD DALE HAIRE, Appellees

On Appeal from the 129th District Court Harris County, Texas Trial Court Case No. 2023-02953

MEMORANDUM OPINION

Appellant, Tiffany Haire, proceeding pro se, filed a notice of interlocutory

appeal from an August 28, 2023 trial court order. On September 20, 2023, appellant

filed a “Notice to Withdraw Interlocutory Appeal” stating that appellant “hereby withdraw[s]” her appeal, and that a “final order was issued . . . on September 11,

2023.” We construe appellant’s notice to withdraw as a motion to dismiss the

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 does not include a certificate of

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

with appellees, Houston Methodist Willowbrook Hospital, New Haven Assisted

Living of Tomball LLC, and Sanford Dale Haire, 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 appellant’s motion. See TEX. R.

APP. P. 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 any other pending motions as

moot.

PER CURIAM Panel consists of Justices Kelly, Landau, and Farris.