Opinion
01-23-00645-CV
07-18-2024
FIRST CHAPEL DEVELOPMENT, LLC AND DENNIS R. BAILEY, Appellants/Cross-Appellees v. RECLAMATION AMERICAN GROUP CORPORATION, AS SUCCESSOR IN INTEREST TO 1776 AMERICAN PROPERTIES VI, LLC, Appellee/Cross-Appellant
On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2018-56211.
Panel consists of Kelly, Landau, and Farris, Justices.
MEMORANDUM OPINION
PER CURIAM
After our October 31, 2023 opinion and judgment granted voluntary dismissal of this appeal, the parties filed an agreed motion for voluntary dismissal of a cross-appeal. To clarify that the appeal is dismissed in its entirety, including all cross-appeals, we withdraw our previous opinion and judgment of October 31, 2023 and issue the following opinion in its stead. See Tex. R. App. P. 42.1(c) ("In dismissing a proceeding, the appellate court will determine whether to withdraw any opinion it has already issued.").
On August 31, 2023, First Chapel Development, LLC and Dennis R. Baily filed a notice of appeal seeking to appeal the trial court's interlocutory order signed on August 11, 2023 denying their motion to compel arbitration. On September 18, 2023, First Chapel Development, LLC and Dennis R. Baily filed a motion for voluntary dismissal of their appeal. More than ten days elapsed since the filing of the motion, and no party objected to dismissal. See Tex. R. App. P. 10.3(a).
On September 15, 2023, Reclamation American Group Corporation filed a notice of appeal seeking to appeal the trial court's interlocutory order signed on September 12, 2023 vacating the August 11, 2023 order and compelling arbitration. On December 11, 2023, the parties filed an agreed motion to voluntarily dismiss the appeal filed by Reclamation American Group Corporation.
We grant both the motion for voluntary dismissal filed by First Chapel Development, LLC and Dennis R. Baily on September 18, 2023, and the agreed motion for voluntary dismissal filed by the parties on December 11, 2023. See Tex. R. App. P. 42.1(a)(1). Accordingly, this appeal is dismissed in its entirety, including all cross-appeals. We dismiss any other pending motions as moot.