Opinion

Arthur J. Holdings, Inc., Paradise Living v. Blackburne & Brown

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jul 7, 2016
Status
Published
Cited by
0 cases

The opinion

Opinion issued July 7, 2016

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-16-00280-CV

———————————

ARTHUR J. HOLDINGS, INC., PARADISE LIVING, ET AL., Appellants

V.

BLACKBURNE & BROWN MORTGAGE FUND I, Appellee

On Appeal from the 11th District Court

Harris County, Texas

Trial Court Cause No. 2016-12403

MEMORANDUM OPINION

Appellants, Arthur J. Holdings, Inc. and Paradise Living, et al., filed a “Notice

of Accelerated Appeal of TI Order of April 4, 2016” in the trial court on April 4,

2016, of the order regarding temporary injunction to be entered by the trial court on

April 4, 2016. See TEX. R. APP. P. 26.1(b), 28.1(a). The next day, on April 5, 2016,

appellants filed a “Notice of Termination of Accelerated Appeal of TI Order” in the

trial court, stating that they no longer needed to pursue this appeal because their case

had been referred to mediation by the trial court and, if mediation was unsuccessful,

set for trial.1

Although no motion to dismiss was filed by appellants, we construe the

“Notice of Termination of Accelerated Appeal of TI Order” as their voluntary

motion to dismiss and deem it to have been filed in this Court on June 21, 2016. See

TEX. R. APP. P. 2, 42.1(a)(1). While there is no certificate of conference with the

motion to dismiss, the motion contains a certificate of service on counsel for the

appellee, has been on file with this Court for more than 10 days, and no party has

responded to the motion. See TEX. R. APP. P. 9.5(d), 10.1(a)(5), 10.3(a). No other

party has filed a notice of appeal and no opinion has issued. See TEX. R. APP. P.

42.1(a)(1), (c).

CONCLUSION

Accordingly, we grant the motion and dismiss 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 Higley, Bland, and Massengale.

1

It was not until June 10, 2016, that the trial clerk filed an information sheet in this

Court attaching the appellants’ notice of termination of accelerated appeal.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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