Stuart N. Wilson and Stuart N. Wilson & Associates, P.C. v. Silvia Trevino ( 2020 )

Opinion issued April 28, 2020 In The Court of Appeals For The First District of Texas ———————————— NO. 01-19-00946-CV ——————————— STUART N. WILSON AND STUART N. WILSON & ASSOCIATES, P.C., Appellants V. SILVIA TREVINO, Appellees On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Case No. 18-DCV-257235 MEMORANDUM OPINION This is an attempted appeal from the trial court’s interlocutory order granting in part and denying in part Sylvia Trevino’s motion to dismiss pursuant to the Texas Citizen’s Participation Act. Appellee filed a motion to dismiss this appeal, asserting that this Court has no jurisdiction over this appeal. This Court requested a response, and rather than responding to the motion to dismiss, appellants filed a voluntary motion to dismiss stating that they no longer wish to pursue their appeal. Because appellants’ motion to dismiss was not a joint or agreed motion and there was no certificate of conference, we held this motion for ten days for a response. See TEX. R. APP. P. 10.3. No response was filed. Accordingly, we grant appellants’ motion and dismiss the appeal. See TEX. R. APP. P. 42.3; 43.2(f). Any pending motions are dismissed as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Kelly and Goodman. 2