Court of Civil Appeals of Texas, 2023

Allied Aviation Fueling Company of Houston, Reginal Willis v. Cecilia Cruz, Individually and as Next Friend and as Representative of Ulysses D. Cruz

Allied Aviation Fueling Company of Houston, Reginal Willis v. Cecilia Cruz, Individually and as Next Friend and as Representative of Ulysses D. Cruz
Court of Civil Appeals of Texas · Decided July 18, 2023

Allied Aviation Fueling Company of Houston, Reginal Willis v. Cecilia Cruz, Individually and as Next Friend and as Representative of Ulysses D. Cruz

Opinion

Opinion issued July 18, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00083-CV ——————————— ALLIED AVIATION FUELING COMPANY OF HOUSTON, INC. AND REGINALD WILLIS, Appellants/Cross-Appellees V. CECILIA CRUZ, INDIVIDUALLY AND AS NEXT FRIEND AND REPRESENTATIVE OF ULYSSES D. CRUZ, AND S.C., A MINOR, AND ANGELO G. CRUZ, Appellees/Cross-Appellants

On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2019-81830

MEMORANDUM OPINION Appellants, Allied Aviation Fueling Company of Houston, Inc. and Reginald Willis, filed a notice of appeal from an amended final judgment signed February 7, 2022. Appellees filed a notice of cross appeal on February 16, 2022.

On January 23, 2023, the parties filed a joint motion to abate this appeal to permit the parties to complete the terms of a mediated settlement agreement. The Court granted the motion and ordered the appeal abated until June 1, 2023. On May 19, 2023, the parties filed a letter advising the Court that they were preparing to execute the final settlement documents and expected to update the Court no later than June 30, 2023. On June 28, 2023, the parties filed a joint motion to dismiss, asking this Court to vacate the trial court’s amended final judgment signed on February 7, 2022 and dismiss the case pursuant to the parties’ settlement. We have not issued a decision in the appeal.

Accordingly, we vacate the trial court’s amended final judgment signed on February 7, 2022 and dismiss the case. See TEX. R. APP. P. 42.1(a), 43.2(e). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Countiss.

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