Opinion
Appellate case number: 01-19-00797-CV
02-06-2020
Landco Enterprises, Inc. and Curtis Ellison v. Jindal Saw USA, LLC and Jindal Saw Ltd.
ORDER Trial court case number: 2017-02901 Trial court: 61st District Court of Harris County
Appellees' have filed a motion to withdraw (1) their motion to dismiss for want of jurisdiction and (2) their appellees' brief. Appellee's request to withdraw their motion to dismiss is granted. Appellees' request to withdraw their brief, however, requires clarification from appellees.
The Court requests that appellees clarify within 5 days of this order whether, by requesting to withdraw their appellees' brief, appellees either (1) no longer oppose the appeal or (2) intend to request leave to file a new brief. If appellees no longer oppose the appeal, then the Court instructs appellees to confer with appellants and to notify the Court within the same filing due 5 days from this order whether the parties intend to file a joint motion to set aside the judgment without regards to the merits and remand to the trial court for rendition of judgment in accordance with their agreement. See TEX. R. APP. P. 42.1(a)(2)(B). Conversely, if appellees still oppose the appeal, then the Court informs appellees that a subsequent request to file a new brief in place of the withdrawn brief will not be granted.
It is so ORDERED. Judge's signature: /s/ Sarah B. Landau
Acting individually Date: February 6, 2020