Opinion
NO. 01-11-00858-CV
01-19-2012
BYRON THOMAS, Appellant v. CITY OF HOUSTON, Appellee
On Appeal from the 165th District Court
Harris County, Texas
Trial Court Cause No. 2011-52895
MEMORANDUM OPINION
Appellant, Byron Thomas, attempts to appeal a City of Houston Civil Service Commissioners' ruling upholding appellant's indefinite suspension. The parties have notified this Court that the case has been removed from state to federal court. Additionally, the parties have each filed motions to dismiss or withdraw the appeal.
Once a case has been removed from state to federal court, the state court is divested of all jurisdiction over the case. See Meyerland Co. v. Fed. Deposit Ins. Corp., 848 S.W.2d 82, 83 (Tex. 1993) (order); Stroud v. VBFSB Holding Corp., 917 S.W.2d 75, 84 (Tex. App.—San Antonio 1996, writ denied). Because this case has been removed to federal court, this court lacks jurisdiction over this appeal.
Accordingly, we dismiss the appeal for lack of jurisdiction. We dismiss any pending motions as moot.
We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.