Opinion
NO. 03-18-00837-CV
07-10-2020
City of Lakeway, Texas, Appellant v. Cherry Knoll, LLC, Appellee
FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-17-002896 , THE HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING MEMORANDUM OPINION
We previously abated this appeal pending resolution of parallel federal litigation. See City of Lakeway v. Cherry Knoll, LLC, No. 03-18-00837-CV, 2019 WL 3807873, at *1 (Tex. App.—Austin Aug. 14, 2019, no pet.) (mem. op.) (per curiam). Cherry Knoll subsequently filed a status report advising us that the parties have settled their differences and agreed to dismiss their respective claims "if and when the case is remanded." The settlement agreement does not affect Cherry Knoll's crossclaims against HDR Engineering.
This Court subsequently received a motion from HDR Engineering, a party to the litigation below but not to this appeal, asking us to dismiss this appeal as moot. At our request, both parties filed supplemental briefing. The City of Lakeway agrees with HDR that the appeal is moot and "should therefore be dismissed." Cherry Knoll responds that we should retain the appeal on the docket pending resolution of its federal claims against HDR. In the alternative, Cherry Knoll has filed an unopposed motion to dismiss and remand to the district court with instructions to stay further proceedings pending resolution of the federal litigation.
We will treat the City's supplemental brief as a motion to dismiss. See Tex. R. App. P. 42.1(a)(1) (providing that appellate courts may dismiss on appellant's motion). We grant the motion and dismiss the appeal. We deny Cherry Knoll's alternative motion. Any request to stay further proceedings should be presented first to the district court.
/s/_________
Edward Smith, Justice Before Chief Justice Rose, Justices Kelly and Smith Dismissed on Appellant's Motion Filed: July 10, 2020