Maryanne Phillips v. Starwood Waypoint TRS LLC

Summary

The First District Court of Appeals of Texas construed Maryanne Phillips’s motion for nonsuit as a motion to dismiss her appeal under Texas Rule of Appellate Procedure 42.1(a)(1). The court granted the motion, dismissed the appeal, and dismissed all other pending motions as moot.

Holdings

1. A motion for nonsuit filed by the appellant was properly construed as a motion to dismiss the appeal.
2. The court granted the appellant's motion and dismissed the appeal because no other party had filed a notice of appeal, no opinion had issued, and the applicable motion and response requirements were satisfied.
3. All other pending motions were dismissed as moot following dismissal of the appeal.

Questions Presented

1. Whether the appellant's motion for nonsuit should be construed as a motion to dismiss the appeal.
2. Whether the appeal should be dismissed under Texas Rule of Appellate Procedure 42.1(a)(1).
3. Whether the other pending motions should be dismissed as moot.

Disposition

dismissed