Opinion
No. 14-11-00043-CV
Opinion filed March 3, 2011.
On Appeal from the 152nd District Court Harris County, Texas, Trial Court Cause No. 2009-13235.
Panel consists of Justices ANDERSON, SEYMORE, and McCALLY.
MEMORANDUM OPINION
This is an appeal from a summary judgment signed December 17, 2010. On January 6, 2011, appellant, David Jenkins, filed a motion for new trial. The trial court granted Jenkins's motion for new trial on January 24, 2011. The trial court again granted a summary judgment in favor of appellee, the City of Houston, but the court denied the City's plea to the jurisdiction. The City filed a notice of appeal from the denial of its plea to the jurisdiction. Its appeal is pending under this court's appellate number 14-11-00091-CV.
On February 22, 2011, Jenkins filed an unopposed motion to dismiss his appeal. See Tex. R. App. P. 42.1. He requested that the court retain the City's appeal pending under 14-11-00091-CV. The motion is granted.
Accordingly, Jenkins's appeal is ordered dismissed. The City's appeal remains pending under our number 14-11-00091-CV.