Jalen Thibodeaux v. Shontel Sherice Thibodeaux

Opinion issued May 13, 2021

In The Court of Appeals For The First District of Texas

————————————

NO. 01-21-00127-CV

———————————

JALEN THIBODEAUX, Appellant V.

SHONTEL SHERICE THIBODEAUX, Appellee

On Appeal from the 151st District Court Harris County, Texas Trial Court Case No. 2020-73076

MEMORANDUM OPINION Appellant, Jalen Thibodeaux, appealed from the trial court’s March 9, 2021 order granting in part and denying in part his plea to the jurisdiction and motion to dismiss. On April 26, 2021, appellant filed a “Notice of Withdrawal of Appeal,” stating that he “no longer desires to appeal” the trial court’s March 9, 2021 order. We construe appellant’s “Notice of Withdrawal of Appeal” as a motion to dismiss the appeal.

Appellant’s motion does not include a certificate of conference stating that appellant had conferred, or made a reasonable effort to confer with appellee, Shontel Sharice Thibodeaux, regarding the relief requested in appellant’s motion. See TEX. R. APP. P. 10.1(a)(5). However, more than ten days have passed, and no party has expressed opposition to appellant’s motion. See TEX. R. APP. P. 10.3(a). No other party has filed a notice of appeal and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c).

Accordingly, we grant appellant’s motion and dismiss 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 Kelly, Guerra, and Farris.