TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00136-CV

The Peninsula on Lake Austin Common Area Council of Owners, Inc.; Dr. David Jones; Everett Carmody; Jill Lear Williams; and Michael Lehrter, Appellants v. J. Lloyd Moore, Appellee

FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-18-000820, THE HONORABLE JESSICA MANGRUM, JUDGE PRESIDING

MEMORANDUM OPINION

Appellants The Peninsula on Lake Austin Common Area Council of Owners, Inc.; Dr. David Jones; Everett Carmody; Jill Lear Williams; and Michael Lehrter have filed a motion to dismiss this appeal. 1 Appellants’ motion informs the Court that the trial court vacated its final judgment while it still retained plenary power over the case. We grant appellants’ motion and dismiss the appeal. See Tex. R. App. P. 42.1(a).

__________________________________________ Gisela D. Triana, Justice

Although the certificate of conference indicated that the motion was opposed when filed, appellee filed no response explaining his opposition to the motion or arguing that dismissal would prevent the appellee from seeking relief to which he would otherwise be entitled. See Tex. R. App. P. 42.1(a).

Before Chief Justice Byrne, Justices Triana and Theofanis Dismissed on Appellants’ Motion Filed: May 16, 2023