Opinion
01-22-00783-CV
08-08-2024
Scott Smith and Michelle Williams v. U.S. Law Shield, LLC
Trial court: 270th District Court of Harris County No. 2022-46778
On October 5, 2022, appellants, Scott Smith and Michelle Williams, filed a notice of appeal challenging the trial court's September 15, 2022 temporary injunction in favor of appellee, U.S. Law Shield, LLC. On August 5, 2024, Smith and Williams, filed a motion to dismiss their appeal, stating that the parties had entered a settlement agreement and that the underlying trial court case had been dismissed.
However, the Court's records also reflect that on October 6, 2022, U.S. Law Shield, LLC filed a notice of appeal challenging the trial court's September 16, 2022 order denying its request for injunctive relief against Lana Bryan. Notably, the motion to dismiss filed by Smith and Williams does not include a certificate of conference stating whether the motion to dismiss is agreed, nor does the motion to dismiss reference the notice of appeal filed by U.S. Law Shield.
Further, the appellate record does not reflect that U.S. Law Shield, LLC has moved for dismissal of its appeal from the September 16, 2022 trial court order. Accordingly, any relief granted by this Court with respect to the motion to dismiss filed by Smith and Williams would not fully dispose of this appellate case number. Additionally, the appellate record also does not reflect that U.S. Law Shield has taken any steps to prosecute its appeal from the trial court's September 16, 2022 order.
Within ten days of the date of this order, U.S. Law Shield, LLC is directed to either file a motion to dismiss its appeal from the trial court's September 16, 2022 order, or to provide a written response with citation to law and the record, demonstrating that their appeal should not be dismissed for want of prosecution. Failure to timely respond will result in dismissal of the appeal. See TEX. R. APP. P. 42.3(B), (C).
It is so ORDERED.