Anita F. Kawaja v. Derek U. Obialo

Opinion issued September 17, 2021

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-21-00458-CV ———————————

ANITA F. KAWAJA, ANTHONY R. SUEING, SR., FRONTLINE

RECOVERY AND CONSULTING, INC., AND FRONTLINE RECOVERY

AND CONSULTING NORTH, INC., Appellants

V.

DEREK U. OBIALO, Appellee

On Appeal from the 55th District Court Harris County, Texas

Trial Court Case No. 2021-18043

MEMORANDUM OPINION

This is an appeal from the denial by operation of law of appellants’ motions to dismiss pursuant to the Texas Citizens Participation Act (TCPA). Appellants have filed an emergency motion to dismiss this appeal without prejudice, issue mandate immediately, and for extension of time to file a new notice of appeal. Appellee has filed a response, agreeing to dismissal of the appeal, but opposing immediate issuance of the mandate and extension of time to file a notice of appeal. No opinion has issued.

The Court grants appellants’ request for dismissal and for immediate issuance of the mandate and orders this appeal dismissed without prejudice. See TEX. R. APP. P. 18.6, 42.1. The Clerk of this Court is directed to issue the mandate immediately. Appellants’ request for extension of time to file notice of appeal is dismissed as premature.1 Any pending motions, other than those discussed in this opinion, are dismissed as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Farris.