Court of Civil Appeals of Texas, 2024

Kanicwa Thomas, Individually and as Next Friend of J.T., a Minor v. Miguel Pelayo

Kanicwa Thomas, Individually and as Next Friend of J.T., a Minor v. Miguel Pelayo
Court of Civil Appeals of Texas · Decided June 4, 2024

Kanicwa Thomas, Individually and as Next Friend of J.T., a Minor v. Miguel Pelayo

Opinion

Motion Granted, Appeal Dismissed, and Memorandum Opinion filed June 4, 2024.

In The Fourteenth Court of Appeals NO. 14-24-00344-CV KANICWA THOMAS, INDIVIDUALLY AND AS NEXT FRIEND OF J.T., A MINOR, Appellant V. MIGUEL PELAYO, Appellee On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1202973

MEMORANDUM OPINION This appeal is from a judgment signed February 6, 2024. On May 22, 2024, appellant filed an unopposed motion to dismiss this appeal “without prejudice.” The Texas Rules of Appellate Procedure speak only of dismissal of an appeal; neither “with prejudice” nor “without prejudice” is appended to the word “dismissal.” See Tex. R. App. P. 42.1. We construe the motion as one for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). So construed, the motion is granted, and the appeal is dismissed.

PER CURIAM Panel consists of Justices Wise, Bourliot, and Wilson.

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