Opinion
Cause number: 01-16-00643-CV
04-18-2017
Rose Patricia Ann Shields, Oscar Urbina, and Arnold Shields, Individually, d/b/a Galveston Service Company, d/b/a Blu Shields Construction v. Commercial State Bank, Douglas Faver, Scott Conkling, Melissa Conkling, Suzanne Hubbard, Daniel Jurgena, Roxanne Tomolialo, Joseph Cox, Thomas Walsh and Gina F. Dominique
Type of motion: Motion to Dismiss Scott and Melissa Conkling from this Appeal Party filing motion: Appellees Scott and Melissa Conkling Document to be filed: N/A Is appeal accelerated? No. Ordered that motion is:
[v] GrantedJudge's signature: /s/ Laura Carter Higley
[ ] Denied
[ ] Dismissed (e.g., want of jurisdiction, moot)
[v] Other: __________
Appellees Scott and Melissa Conkling's motion to dismiss themselves from this appeal, construed as a motion to restyle the appeal, is granted because they were non-suited by appellants on June 22, 2015, and the final judgment does not grant relief for them. See TEX. R. APP. P. 3.1(c) (listing "appellee" as "party adverse to an appellant"); Travelers Ins. Co. v. Joachim, 315 S.W.3d 860, 862 (Tex. 2010) ("A nonsuit extinguishes a case or controversy from the moment the motion is filed") (internal quotation marks and citations omitted). Accordingly, the Clerk of this Court is directed to restyle this appeal without Scott and Melissa Conkling as appellees.
X Acting individually [ ] Acting for the Court Date: April 18, 2017