MIRA KIM MIRA YU v. SABRA MANCHAC AND TROY MANCHAC

Reset A A Font size: Print

Court of Appeals of Texas, Dallas.

MIRA KIM A/K/A MIRA YU, Appellant v. SABRA MANCHAC AND TROY MANCHAC, Appellees

No. 05-17-00406-CV

Decided: January 26, 2018

Before Justices Francis, Evans, and Boatright

MEMORANDUM OPINION

Mira Kim a/k/a Mira Yu appeals the trial court's order dismissing her defamation lawsuit against appellees Sabra Manchac, and Troy Manchac under chapter 27 of the Texas Civil Practice and Remedies Code. In her first issue, Kim asserts we must reverse because the trial court granted the dismissal forty-two days after the hearing on appellees' motion to dismiss, which is outside the time allowed by statute. See Dallas Morning News, Inc. v. Mapp, No. 05-14-00848-CV, 2015 WL 3932868, at *3 (Tex. App.—Dallas June 26, 2015, no pet.) (mem. op.) (concluding trial court has no authority to grant motion to dismiss under Act more than thirty days after hearing). In their letter brief, appellees agree and “consent” to reversal and remand of the case. Accordingly, we sustain the first issue, making it unnecessary to address Kim's remaining issues. See TEX. R. APP. P. 47.1

We reverse the trial court's order of dismissal and remand for further proceedings consistent with this opinion.

MOLLY FRANCIS JUSTICE

Copied to clipboard