Sun Holdings, Inc. v. Reliant Energy Retail Services, LLC

Appeal Dismissed and Memorandum Opinion filed December 12, 2023.




                                     In The

                    Fourteenth Court of Appeals

                              NO. 14-23-00260-CV

                      SUN HOLDINGS, INC., Appellant

                                        V.

          RELIANT ENERGY RETAIL SERVICES, LLC, Appellee



             On Appeal from the County Civil Court at Law No. 4
                           Harris County, Texas
                      Trial Court Cause No. 1186511


                         MEMORANDUM OPINION

      This appeal is from an amended final judgment signed May 3, 2023. The
clerk’s record was filed May 3, 2023 and a supplemental clerk’s record was filed on
June 15. 2023. The reporter’s record was filed June 30, 2023.

      Reliant Energy Retail Services, LLC filed a June 2, 2023 notice of appeal
from the May 3, 2023 amended final judgment. See Tex. R. App. P. 26.1(d). On
September 6, 2023, Reliant Energy Retail Services, LLC filed a voluntary motion to
dismiss its appeal. See Tex. R. App. P. 42.1(a)(1). On September 12, 2023 we
granted the motion, dismissed Reliant Energy Retail Services, LLC’s appeal, and
stated we would tax all costs of that appeal against Reliant Energy Retail Services,
LLC at the conclusion of this appellate case. See Tex. R. App. P. 42.1(d).

      Sun Holdings, Inc. did not file a brief as appellant. On November 2, 2023, we
issued an order stating that unless Sun Holdings, Inc. filed an appellant’s brief on or
before December 4, 2023, the remainder of this appeal was subject to dismissal
without further notice for want of prosecution. See Tex. R. App. P. 4.1(a), 42.3(b).

      Sun Holdings, Inc. filed no brief or other response. We dismiss the remainder
of the appeal and tax all costs of Reliant Energy Retail Services, LLC’s appeal
against Reliant Energy Retail Services, LLC’s and tax the remaining costs against
Sun Holdings, Inc.

                                   PER CURIAM

Panel consists of Justices Jewell, Spain, and Wilson.




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