Estate of Marcellus Briscoe, by and Through His Dorothy Hindman; Kimberly Sherlae Houston; James Briscoe v. FCA US LLC F/K/A Chrysler Group LLC; Vitesco Technologies USA, LLC and Its Predecessor in Interest Continental Automotive Systems, Inc.; Broadway Lone Star LTD; West Loop Mitsubishi

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00268-CV ESTATE OF Marcellus BRISCOE, Deceased, By and Through his Executrix Dorothy Hindman; Kimberly Sherlae Houston; and James Briscoe, Appellants v. FCA US LLC f/k/a Chrysler Group LLC; Vitesco Technologies USA, LLC and its predecessor in interest Continental Automotive Systems, Inc.; Broadway Lone Star LTD; West Loop Mitsubishi, Appellees From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2021CI07142 Honorable Monique Diaz, Judge Presiding PER CURIAM Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice Delivered and Filed: August 13, 2025 DISMISSED In May 2025, Appellants Estate of Marcellus Briscoe, deceased, by and through his Executrix Dorothy Hindman, Kimberly Sherlae Houston, and James Briscoe (“the Briscoe Appellants”) filed a notice of appeal, stating their intent to appeal from the following orders signed by the trial court: (1) the trial court’s October 3, 2024 order granting FCA US LLC’s Traditional 04-25-00268-CV and No-Evidence Motion for Summary Judgment; (2) the trial court’s October 8, 2024 order granting Vitesco Technologies USA, LLC’s Traditional and No-Evidence Motion for Summary Judgment; and (3) the trial court’s December 20, 2024 order granting Broadway Lone Star, Ltd. and West Loop Mitsubishi’s Traditional and No-Evidence Motion for Summary Judgment, which were made final by the trial court’s final judgment of April 4, 2025. Broadway Lone Star, Ltd. and West Loop Mitsubishi (“the Broadway Appellants”) filed their own notice of appeal, stating their intent to appeal from the trial court’s October 17, 2024 order granting Velesco Technologies USA, LLC’s Traditional and No-Evidence Motion for Summary Judgment and Denying Broadway Lone Star, Ltd. and West Loop Mitsubishi’s Traditional Motion for Summary Judgment, which were made final by the trial court’s final judgment of April 4, 2025.

On July 24, 2025, the Briscoe Appellants filed a motion to dismiss their appeal pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). The motion contains a certificate of service to appellees, which have not opposed the motion. We thus grant the motion and dismiss the Briscoe Appellants’ appeal. See TEX. R. APP. P. 42.1(a). The Broadway Appellants’ appeal remains pending on the docket of this court.

PER CURIAM

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