Opinion
01-22-00158-CV
02-27-2024
Tite Water Energy, LLC v. Wild Willy's Welding LLC
Trial court: 55th District Court of Harris County, Trial court case number: 2018-56622.
Panel consists of Hightower, Rivas-Molloy, and Farris Justices.
ORDER
Veronica Rivas-Molloy, Judge.
Appellee Wild Willy's Welding LLC sued Appellant Tite Water Energy, LLC for breach of contract. After a jury trial, the trial court rendered judgment in favor of Wild Willy's Welding. Tite Water Energy appealed. On August 31, 2023, this court issued an opinion modifying the trial court's judgment and affirming the judgment as modified.
On October 10, 2023, we denied Tite Water Energy's motion for rehearing and request for en banc consideration. On January 26, 2024, the Texas Supreme Court denied Tite Water Energy's petition for review.
On February 15, 2024, Tite Water Energy filed a motion to dismiss in this court stating that the parties have resolved their dispute and settled the matter between them, and requesting we dismiss the appeal. See Tex. R. App. P. 42.1(a)(1) (stating appellate court may dismiss appeal in accordance with motion of appellant).
We do not have jurisdiction to act on Tite Water Energy's motion to dismiss. Texas Rule of Appellate Procedure 19.1 states that:
A court of appeals' plenary power over its judgment expires:
(a) 60 days after judgment if no timely filed motion for rehearing or en banc reconsideration, or timely filed motion to extend time to file such a motion, is then pending; or
(b) 30 days after the court overrules all timely filed motions for rehearing or en banc reconsideration, and all timely filed motions to extend time to file such a motion.Tex. R. App. P. 19.1. This court's plenary jurisdiction thus expired on December 9, 2023, 60 days after we denied Tite Water Energy's motion for rehearing and request for en banc consideration. See Saudi v. Brieven, 176 S.W.3d 108, 114 (Tex. App.-Houston [1st Dist.] 2004, pet. denied) ("The court of appeals's plenary jurisdiction ends . . . as provided in Rule of Appellate Procedure 19.").
We thus dismiss Tite Water Energy's motion to dismiss for lack of jurisdiction.
It is so ORDERED.