Opinion
04-21-00432-CV
08-17-2022
Alejandro CEPEDA, Appellant v. Hector SANTOS, Koza Home Solutions, LLC, and Legend Title and Abstract, LLC, Appellees
From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2020-CVF-000579-D1 Honorable Jose A. Lopez, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice.
MEMORANDUM OPINION
PER CURIAM
Appellee Hector Santos has filed an unopposed motion for partial dismissal of this appeal. In his motion, Santos states that he was the owner of the property in question at the time appellant filed his underlying suit, and the only cause of action asserted against him by appellant was for judicial and non-judicial foreclosure. According to Santos, on June 7, 2022, he lost title to the property in a non-judicial foreclosure, and at the foreclosure sale, Koza purchased the property. Thus, Santos no longer owns any interest in the property, and the claims originally asserted against him by appellant are moot. Instead, those claims are now appropriate as to Koza, the new holder of title to the property. Accordingly, Santos requests that we dismiss this appeal in part as to him.
Other appellees in this appeal are Koza Home Solutions, LLC and Legend Title and Abstract, LLC. While the clerk's record reflects that Legend Title was nonsuited with prejudice by appellant, it is unclear from the clerk's record whether Legend Title's cross claims against appellant remained pending at the time the trial court signed the final judgment. Thus, Legend Title was also named as an appellee in this appeal.
In his motion, Santos states that he has conferred with counsel for appellant, and his motion is unopposed. See Tex. R. App. P. 42.1. We grant Santos's motion for partial dismissal and dismiss appellant's appeal with respect to any claims asserted against Santos.
DISMISSED IN PART