THE CITY OF DALLAS TEXAS BOARD OF ADJUSTMENT OF THE CITY OF DALLAS TEXAS BETTY ANTEBI TAYLOR IN HER OFFICIAL CAPACITY AND JOEY ZAPATA IN HIS OFFICIAL CAPACITY v. JAMIE PIERSON (2011)

MEMORANDUM OPINION

This is an interlocutory appeal from an order denying appellants' plea to the jurisdiction.   The parties have filed a joint motion to dismiss the case and appeal, noting that appellee has contemporaneously filed a notice of nonsuit of his underlying claims.   See Tex.R.App. P. 42.1(a);

Houston Mun. Emp. Pension Sys. v. Ferrell, 248 S.W.3d 151, 157 (Tex.2007) (citing Tex.R. Civ. P. 162) (party in interlocutory appeal has “absolute right” in appellate court to non-suit underlying claims because, by nature of appeal, he has not presented all his evidence and rested in his case-in-chief).   Because the nonsuit moots the case, not just the appeal, the parties request the Court to dismiss the case.   See Ferrell, 248 S.W.3d at 157.   We grant the motion, vacate the trial court's order denying appellants' plea to the jurisdiction, and dismiss the case.   See Tex.R.App. P. 43.2(e);  Ferrell, 248 S.W.3d at 157.

101345F.P05

PER CURIAM