Opinion
14102-22
02-20-2024
THE MURILLO COMPANY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Emin Toro Judge
On August 4, 2023, petitioner filed a Motion for Leave to File Out of Time Motion to Vacate (Doc. 12) along with a Memorandum of Law in Support of Motion for Leave (Doc. 13) and lodged the accompanying Motion to Vacate (Doc. 14). On October 19, 2023, respondent filed a Response to Order (Doc. 19) along with a Memorandum of Law in Support of Respondent's Response to Order (Doc. 20).
By Order served December 13, 2023, this case was assigned to the undersigned judge and petitioner's pending Motion was set for hearing during the Court's March 18, 2024, Houston, Texas, trial session.
On February 15, 2024, petitioner filed an unopposed Motion to Withdraw Previously Filed Motion for Leave (Doc. 23).
Upon due consideration, it is hereby
ORDERED that petitioner's Motion for Leave to File Out of Time Motion to Vacate (Doc. 12) filed August 4, 2023, is stricken for hearing from the Court's March 18, 2024, Houston, Texas, trial session. It is further
ORDERED that petitioner's Motion to Withdraw Previously Filed Motion for Leave (Doc. 23) filed February 15, 2024, is granted in that petitioner's Motion for Leave to File Out of Time Motion to Vacate (Doc. 12) is deemed withdrawn. It is further
ORDERED that petitioner's lodged Motion to Vacate is deemed withdrawn. It is further
ORDERED that the Order of Dismissal for Lack of Jurisdiction entered and served on October 12, 2022, remains final.