Gerald Jackson, Jr. v. Ali Zaher Enterprises, LLC d/b/a Playtri Appeal from 95th Judicial District Court of Dallas County (memorandum opinion)
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Dismissed; Opinion Filed January 5, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00405-CV GERALD JACKSON, JR., Appellant V. ALI ZAHER ENTERPRISES, LLC D/B/A PLAYTRI, Appellee On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-03371 MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Lang 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. 170405F.P05 /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT GERALD JACKSON, JR., Appellant No. 05-17-00405-CV On Appeal from the 95th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-17-03371. Opinion delivered by Justice Lang. Justices Brown and Whitehill participating. V. ALI ZAHER ENTERPRISES, LLC D/B/A PLAYTRI, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee ALI ZAHER ENTERPRISES, LLC D/B/A PLAYTRI recover its costs of this appeal from appellant GERALD JACKSON, JR. Judgment entered this 5th day of January, 2018. –3–
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