Kimberly Minjarez v. Tanglewood Forest Limited District Ron Peterson, Nikki Krueger, and Brian Whelan, Each in His or Her Official Capacity as Directors of Tanglewood Forest Limited District ( 2024 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00127-CV
Kimberly Minjarez, Appellant
v.
Tanglewood Forest Limited District; Ron Peterson, Nikki Krueger, and Brian Whelan,
each in His or Her Official Capacity as Directors of Tanglewood Forest Limited District,
Appellees
FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-23-001675, THE HONORABLE MARIA CANTÚ HEXSEL, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Kimberly Minjarez filed a notice of appeal from the trial court’s order
denying her application for temporary injunction. Minjarez filed a status report with this Court
informing us that “her interlocutory appeal of the order denying her [a]pplication for [t]emporary
[i]njunction . . . is moot” and notifying us of “her voluntary nonsuit of the pending interlocutory
appeal.” We construe this request as a motion to dismiss the appeal. See Surgitek, Bristol-Myers
Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999) (“[W]e look to the substance of a motion to
determine the relief sought, not merely to its title.”).
We grant Minjarez’s motion and dismiss the appeal. See Tex. R. App. P. 42.1(a).
__________________________________________
Edward Smith, Justice
Before Chief Justice Byrne, Justice Smith and Theofanis
Dismissed on Appellant’s Motion
Filed: May 31, 2024
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