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City of Dallas v. Pierson

Court of Appeals of Texas, Fifth District, Dallas
May 4, 2011
No. 05-10-01345-CV (Tex. App. May. 4, 2011)

Opinion

No. 05-10-01345-CV

Opinion Filed May 4, 2011.

On Appeal from the 14th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 09-15883.

Before Justices RICHTER, LANG, and FILLMORE.


MEMORANDUM OPINION


This is an interlocutory appeal from an order denying appellants' plea to the jurisdiction. The parties have filed a joint motion to dismiss the case and appeal, noting that appellee has contemporaneously filed a notice of nonsuit of his underlying claims. See Tex. R. App. P. 42.1(a); Houston Mun. Emp. Pension Sys. v. Ferrell, 248 S.W.3d 151, 157 (Tex. 2007) (citing Tex. R. Civ. P. 162) (party in interlocutory appeal has "absolute right" in appellate court to non-suit underlying claims because, by nature of appeal, he has not presented all his evidence and rested in his case-in-chief). Because the nonsuit moots the case, not just the appeal, the parties request the Court to dismiss the case. See Ferrell, 248 S.W.3d at 157. We grant the motion, vacate the trial court's order denying appellants' plea to the jurisdiction, and dismiss the case. See Tex. R. App. P. 43.2(e); Ferrell, 248 S.W.3d at 157.


Summaries of

City of Dallas v. Pierson

Court of Appeals of Texas, Fifth District, Dallas
May 4, 2011
No. 05-10-01345-CV (Tex. App. May. 4, 2011)
Case details for

City of Dallas v. Pierson

Case Details

Full title:THE CITY OF DALLAS, TEXAS; BOARD OF ADJUSTMENT OF THE CITY OF DALLAS…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: May 4, 2011

Citations

No. 05-10-01345-CV (Tex. App. May. 4, 2011)