Zhuo Chen, LC-TX Investment, LLC and SL Vision, LLC v. Qian Wu and Lenshome Optic, LLC

• Court: Court of Appeals of Texas
• Decided: December 31, 2024
• Docket: 01-24-00911-CV
• Status: Published

Opinion

Opinion issued December 31, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00911-CV ——————————— ZHUO CHEN, LC-TX INVESTMENT, LLC, AND SL VISION, LLC, Appellants V. QIAN WU AND LENSHOME OPTIC, LLC, Appellees

On Appeal from the 270th District Court Harris County, Texas Trial Court Case No. 2018-75354

MEMORANDUM OPINION

On November 19, 2024, the Harris County District Clerk forward to this Court

a purported notice of appeal filed by appellants, Zhuo Chen, LC-TX Investment,

LLC, and SL Vision, LLC. On December 17, 2024, appellants filed a “Notice to

First Court of Appeals Regarding Appeal Status.” In appellants’ notice, they state that the document forwarded to this Court by the Harris County District Clerk was

not intended as a notice of appeal and that no party had appealed the trial court’s

underlying judgment. The purported notice of appeal was instead a “brief [to] the

trial court discussing whether attorney fees for a potential appeal should be included

in the final judgment.” Appellants further stated that the district clerk’s office

“apparently concluded . . . that said brief was a notice of appeal on the issue of

attorney fees. It was not.”

Accordingly, appellants requested, “[t]o the extent required,” that the Court

“dismiss the appeal without prejudice to re-filing while the appeal deadline is still

pending.” 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 includes a certificate of

conference stating that appellees, Qian Wu and LensHome Optic, LLC, are not

opposed to the relief requested in the motion. See TEX. R. APP. P. 10.1(a)(5),

10.3(a)(2).

Accordingly, the Court grants appellants’ request and dismisses 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 Chief Justice Adams and Justices Rivas-Molloy and Gunn.