Opinion
05-22-00171-CV
11-21-2024
ANGELIA SMITH, KELVIN SMITH AND ALL OCC, Appellants v. SNUG OWNER, LLC. D/B/A THE BROOKLYN@9590, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-21-05552-D
Before Carlyle, Smith, and Kennedy Justices
ORDER
NANCY KENNEDY, JUSTICE
Before the Court is Angela Smith, Kelvin Smith and all Occupant's ("Smith Parties") November 8, 2024 "Notice of Appeal from Plaintiff's [Snug Owner, LLC d/b/a The Brooklyn@9590] Third Motion to Release Cash Appeal Bond and Denial of the Defendant's [Smith Parties] Motion to Stay Appeal Proceeding" ("Notice of Appeal"). This filing concerns the above referenced forcible detainer matter, which was resolved by this Court by opinion and judgment dated October 3, 2023. See Smith v. Snug Owner, LLC d/b/a The Brooklyn @9590, No. 05-22-00171-CV, 2023 WL 6430000 (Tex. App.-Dallas Oct. 3, 2023, pet. denied). The current Notice of Appeal does not institute a new and separate appeal. Rather, we construe the Smith Parties' Notice of Appeal to be a request that the Court stay the mandate we issued in this case on February 8, 2024. We no longer have plenary power over the appeal in that case. See Tex. R. App. P. 18.2 (issuance of mandate), 19.1 (plenary power of courts of appeals). Accordingly, we will not take any action on the Smith Parties' November 8, 2024 Notice of Appeal.