Opinion
No. 05-20-00694-CV
12-02-2020
GREGORY WAYNE ABBOTT IN HIS OFFICIAL CAPACITY AS GOVERNOR OF TEXAS, Appellant v. STIRR DALLAS, LLC, CITIZEN UPTOWN, LIMITED LIABILITY COMPANY, THAT'S NOT A TYPO, LLC, NOT UPTOWN, LLC, BIG FACE HENDO'S LLC, REAL HART, LLC, THE SIDE STREET BAR, INC., AND MICHAEL BLOHM D/B/A ISLAND CLUB, Appellees
On Appeal from the 68th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-20-09166
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Nowell
Opinion by Justice Reichek
Gregory Wayne Abbott in his Official Capacity as Governor of Texas brings this interlocutory appeal from an order denying his plea to the jurisdiction. On November 3, 2020, appellees notified this Court that it had filed with the trial court a notice of nonsuit of all their claims against Governor Abbott. Appellees' nonsuit vitiated the trial court's interlocutory order denying Abbott's plea to the jurisdiction. See Univ. of Texas Med. Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 101 (Tex. 2006) (per curiam).
Before the Court is Governor Abbott's unopposed motion to dismiss this case for want of jurisdiction. In his motion, Governor Abbott requests that we vacate the trial court's order denying his plea to the jurisdiction and dismiss this case. We grant the motion, vacate the trial court's July 24, 2020 order denying Governor Abbott's plea to the jurisdiction, and dismiss this case. See TEX. R. APP. P. 42.1(a)(1), 42.3(a).
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE 200694F.P05
JUDGMENT
On Appeal from the 68th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-20-09166.
Opinion delivered by Justice Reichek. Justices Molberg and Nowell participating.
In accordance with this Court's opinion of this date, the trial court's July 24, 2020 order denying Governor Abbott's plea to the jurisdiction is VACATED and this case is DISMISSED.
It is ORDERED that the parties bear their own costs of this appeal. Judgment entered December 2, 2020