Kittle Property Group, Inc. v. the City of Texas City, the City Commission of Texas City, the Texas City Engineering and Planning Department, and the Planning Board of Texas City ( 2024 )

Opinion issued May 14, 2024 In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00121-CV ——————————— KITTLE PROPERTY GROUP, INC., Appellant V. THE CITY OF TEXAS CITY, THE CITY COMMISSION OF TEXAS CITY, THE TEXAS CITY ENGINEERING AND PLANNING DEPARTMENT, AND THE PLANNING BOARD OF TEXAS CITY, Appellees On Appeal from the 405th District Court Galveston County, Texas Trial Court Case No. 23-CV-1616 MEMORANDUM OPINION Appellant, Kittle Property Group, Inc., filed a notice of appeal from the trial court’s January 25, 2024 order sustaining the plea to the jurisdiction filed by appellees, The City of Texas City, The City Commission of Texas City, The Texas City Engineering and Planning Department, and The Planning Board of Texas City (collectively, “appellees”). On April 25, 2024, appellant filed a motion to dismiss its appeal, stating that appellant “no longer desire[d] to pursue its appeal and hereby s[ought] to voluntarily dismiss the appeal.” No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c). Appellant’s motion does not include a certificate of conference, but states that appellees do not oppose the relief requested in the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). Accordingly, the Court grants appellant’s motion and dismisses the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot. PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra. 2