GERALD JACKSON JR v. ALI ZAHER ENTERPRISES LLC PLAYTRI (2018)

MEMORANDUM OPINION

Appellee Ali Zaher Enterprises, LLC d/b/a Playtri filed a December 1, 2017 “Motion to Dismiss Appeal as Moot.” Therein, appellee stated in part “[t]his is an interlocutory appeal of a temporary injunction” and “[t]he temporary injunction which is the subject of this appeal has been dissolved.” The attachments to appellee's motion included a copy of a November 29, 2017 trial court order dissolving “[t]he Temporary Injunction previously entered in this action.” Further, in a certificate of conference attached to the motion, appellee stated in part, “Appellant's counsel advised that Appellant has not yet determined his position.”

This Court sent a December 12, 2017 letter to appellant's counsel stating that if no response to appellee's December 1, 2017 motion was received by this Court within ten days, “this Court will take whatever action it deems appropriate, including the possible dismissal of this appeal.” That ten-day period has expired and no response of appellant was received by this Court.

We grant appellee's motion and dismiss this appeal as moot. See Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999); TEX. R. APP. P. 42.3, 43.2.

Opinion by Justice Lang