Xan Difede, Individually and Derivatively on Behalf of XD Ventures, LLC v. Diana Durand

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: April 21, 2026
• Docket: 01-25-00334-CV
• Status: Published

Opinion

Opinion issued April 21, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00334-CV ——————————— XAN DIFEDE, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF XD VENTURES, LLC, Appellant V. DIANA DURAND, Appellee

On Appeal from the 151st District Court Harris County, Texas Trial Court Case No. 2021-38859

MEMORANDUM OPINION

Appellant filed a notice of appeal from a final judgment signed on April 21,

2025. On February 3, 2026, appellant filed a notice of nonsuit, asking the Court to

“enter a final nonsuit without prejudice to refile same.” On March 17, 2026, the

Court issued an order requesting clarification whether appellant was requesting dismissal of the appeal. On March 19, 2026, appellant filed a motion to dismiss the

appeal. Because there was no certificate of conference, the Court held this motion

for 10 days for a response, but none was filed. See TEX. R. APP. P. 10.5. We grant

the motion.

We dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). Any other

pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Gunn, Caughey, and Morgan.