Mira Kim a/k/a Mira Yu v. Sabra Manchac, Troy Manchac, Christy Renda, John Doe and/or Jane Doe and the Glenwyck Farms Homeowners' Association, Inc. Appeal from 134th Judicial District Court of Dallas County (memorandum opinion)
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Reverse and Remand and Opinion Filed January 26, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00406-CV MIRA KIM A/K/A MIRA YU, Appellant V. SABRA MANCHAC AND TROY MANCHAC, Appellees On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-16400 MEMORANDUM OPINION Before Justices Francis, Evans, and Boatright Opinion by Justice Francis 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. 0514-00848-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/ MOLLY FRANCIS JUSTICE 170406F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MIRA KIM A/K/A MIRA YU, Appellant No. 05-17-00406-CV On Appeal from the 134th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-16-16400. Opinion delivered by Justice Francis; Justices Evans and Boatright participating. V. SABRA MANCHAC and TROY MANCHAC, Appellees In accordance with this Court’s opinion of this date, the trial court’s order of dismissal is REVERSED and this cause is REMANDED to the trial court for further proceedings consistent with this opinion. It is ORDERED that appellant MIRA KIM A/K/A MIRA YU recover her costs of this appeal from appellee SABRA MANCHAC and TROY MANCHAC. Judgment entered January 26, 2018. –3–
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