Opinion
01-23-00789-CV
12-28-2023
OMARI J. THOMAS, Appellant v. P.C.F. PROPERTIES IN TX, LLC, Appellee
On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2023-63377
Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.
MEMORANDUM OPINION
PER CURIAM.
Appellant Omari J. Thomas filed a "Motion to Dismiss Appeal for Lack of Jurisdiction," representing he "non-suited the entire case and all . . . claims against [Appellee P.C.F. Properties in TX, LLC]." Appellant therefore requested that the Court "dismiss the pending appeal for want of jurisdiction due to the absence of a case or controversy." No cross appeal has been filed, and no opinion has issued. See Tex. R. App. P. 42.1(a)(1), (c). Appellant's motion includes a certificate of conference; however, the certificate of conference does not state whether appellee is opposed the relief requested in appellant's motion. See Tex. R. App. P. 10.1(a)(5). However, appellee filed a response, stating that it "does not oppose [Appellant's] Motion [to Dismiss]." See Tex. R. App. P. 10.3(b).
We grant Appellant's motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f). All other pending motions are denied as moot.