Opinion
01-21-00458-CV
09-17-2021
ANITA F. KAWAJA, ANTHONY R. SUEING, SR., FRONTLINE RECOVERY AND CONSULTING, INC., AND FRONTLINE RECOVERY AND CONSULTING NORTH, INC., Appellants v. DEREK U. OBIALO, Appellee
On Appeal from the 55th District Court Harris County, Texas Trial Court Case No. 2021-18043
Panel consists of Justices Kelly, Hightower, and Farris.
MEMORANDUM OPINION
PER CURIAM
This is an appeal from the denial by operation of law of appellants' motions to dismiss pursuant to the Texas Citizens Participation Act (TCPA). Appellants have filed an emergency motion to dismiss this appeal without prejudice, issue mandate immediately, and for extension of time to file a new notice of appeal. Appellee has filed a response, agreeing to dismissal of the appeal, but opposing immediate issuance of the mandate and extension of time to file a notice of appeal. No opinion has issued.
The Court grants appellants' request for dismissal and for immediate issuance of the mandate and orders this appeal dismissed without prejudice. See Tex. R. App. P. 18.6, 42.1. The Clerk of this Court is directed to issue the mandate immediately. Appellants' request for extension of time to file notice of appeal is dismissed as premature. Any pending motions, other than those discussed in this opinion, are dismissed as moot.
Appellants included a request for an extension of time to file notice of appeal in the event the trial court fails to enter new orders granting the motions to dismiss. Texas Rule of Appellate Procedure 26.3 permits this Court to grant an extension for filing a notice of appeal only if appellants have filed a notice of appeal in the trial court and a motion for extension of time to file that notice of appeal in this Court. See Tex. R. App. P. 26.3. Because appellants have not yet filed a notice of appeal, the request for an extension of time to file notice of appeal is premature.