Opinion
14-21-00749-CV
06-07-2022
JAKE'S INC. D/B/A JAKE'S FINER FOODS, Appellant v. LAMARCUS HEARN, Appellee
On Appeal from the 157th District Court Harris County, Texas Trial Court Cause No. 2021-48292
Panel consists of Justices Zimmerer, Spain, and Poissant.
MEMORANDUM OPINION
PER CURIAM
This is an interlocutory appeal from an order signed November 29, 2021 denying appellant's motion to transfer the proceeding to arbitration. On May 24, 2022, the parties filed a joint motion to dismiss the appeal "with prejudice" as the parties have agreed to transfer their proceeding to arbitration. The Texas Rules of Appellate Procedure speak only of a dismissal of an appeal; neither "with prejudice" nor "without prejudice" is appended to the word "dismissal." See Tex. R. App. P. 42.1. We construe the motion as one for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). So construed, the motion is granted, and the appeal is dismissed.