Full Opinion (html_with_citations)

Opinion issued December 28, 2023




                                       In The

                                Court of Appeals
                                      For The

                           First District of Texas
                              ————————————
                               NO. 01-23-00789-CV
                             ———————————
                         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



                           MEMORANDUM OPINION

      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.

                                  PER CURIAM

Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.




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