Opinion
Appellate case number: 01-19-00546-CV
12-03-2019
6130 Al Development Group, LLC, Carlos Moreno, Luis Quiros and Gabor Marquez-Steffani v. Enol Associates, LLC
ORDER Trial court case number: 2018-14099 Trial court: 127th District Court of Harris County
Appellee filed a motion to dismiss all claims in this appeal and to dismiss all claims and release the final summary judgment. There is no certificate of conference and appellant filed no response.
Voluntary dismissal by motion is governed by Rule 42.1 See TEX. R. APP. P. 42.1. Rule 43 sets out the types of judgments this Court may render. See TEX. R. APP. P. 43.2. Appellee's motion does not comply with these rules. The Court is unable to determine what type of judgment the parties agreed upon.
Accordingly, the motion to dismiss filed on October 31, 2019, is denied without prejudice to the filing of another motion that complies with Rules 42.1 and 43.2. Appellant's motion to abate the appeal is granted. The appeal is abated for 30 days to permit the parties to file a proper motion concerning their settlement agreement.
It is so ORDERED. Judge's signature: /s/ Richard Hightower
[v] Acting individually [ ] Acting for the Court Date: December 3, 2019