Opinion
NO. 01-18-00548-CV
01-24-2019
OLDACRE MCDONALD, LLC AND MARK MCDONALD, QUATTRO DEVELOPMENT, LLC AND MICHAEL LIYEOS, AND MADISON DEVELOPMENT GROUP, LLC, Appellants v. MATTRESS FIRM, INC., Appellee
On Appeal from the 151st District Court Harris County, Texas
Trial Court Cause No. 2017-73196
MEMORANDUM ORDER
Appellants, Oldacre McDonald, LLC and Mark McDonald, have filed an unopposed motion to dismiss their appeal. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2), 42.1(a)(1). These appellants contend that the appellee no longer wishes to pursue its claims against them and the parties will be filing a joint motion to dismiss with prejudice in the trial court and, thus, they move to dismiss their appeal. See TEX. R. APP. P. 42.1(a)(1). Three other appellants have filed two separate notices of appeal, but are not moving to dismiss, and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c).
Accordingly, we grant appellants Oldacre McDonald, LLC and Mark McDonald's motion and dismiss their appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). The appeals by Quattro Development, LLC and Michael Liyeos, and Madison Development Group, LLC, remain pending. See TEX. R. APP. P. 42.1(b).
PER CURIAM Panel consists of Justices Keyes, Higley, and Landau.