Ismael Rico, Maria Rico, Jorge Duenas, and Isabel Contreras a/k/a Isabel Duenas v. Harris County Municipal Utility District No. 540

Summary

The First Court of Appeals of Texas construed the appellants’ letter as a motion to dismiss their appeal. Because no other party had appealed, no opinion had issued, and no opposition was filed, the court granted the motion, dismissed the appeal, and dismissed all pending motions as moot.

Holdings

1. The court construed the appellants' letter explaining the filing error as a motion to dismiss the appeal.
2. The court granted the motion and dismissed the appeal.
3. All pending motions were dismissed as moot.

Questions Presented

1. Whether the appellants' letter should be construed as a motion to dismiss the appeal.
2. Whether the court should dismiss the appeal when the appellants sought dismissal, no other party had filed a notice of appeal, and no opinion had issued.
3. Whether pending motions should be dismissed as moot following dismissal of the appeal.

Disposition

dismissed