Gregory Wayne Abbott in his official capacity as Governor of Texas v. Stirr Dallas, LLC, et al. Appeal from 68th Judicial District Court of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed December 2, 2020 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00694-CV GREGORY WAYNE ABBOTT IN HIS OFFICIAL CAPACITY AS GOVERNOR OF TEXAS, Appellant V. STIRR DALLAS, LLC, CITIZEN UPTOWN, LIMITED LIABILITY COMPANY, THAT’S NOT A TYPO, LLC, NOT UPTOWN, LLC, BIG FACE HENDO’S LLC, REAL HART, LLC, THE SIDE STREET BAR, INC., AND MICHAEL BLOHM D/B/A ISLAND CLUB, Appellees On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-09166 MEMORANDUM OPINION Before Justices Molberg, Reichek, and Nowell Opinion by Justice Reichek Gregory Wayne Abbott in his Official Capacity as Governor of Texas brings this interlocutory appeal from an order denying his plea to the jurisdiction. On November 3, 2020, appellees notified this Court that it had filed with the trial court a notice of nonsuit of all their claims against Governor Abbott. Appellees’ nonsuit vitiated the trial court’s interlocutory order denying Abbott’s plea to the jurisdiction. See Univ. of Texas Med. Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 101 (Tex. 2006) (per curiam). Before the Court is Governor Abbott’s unopposed motion to dismiss this case for want of jurisdiction. In his motion, Governor Abbott requests that we vacate the trial court’s order denying his plea to the jurisdiction and dismiss this case. We grant the motion, vacate the trial court’s July 24, 2020 order denying Governor Abbott’s plea to the jurisdiction, and dismiss this case. See TEX. R. APP. P. 42.1(a)(1), 42.3(a). /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 200694F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT On Appeal from the 68th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-20-09166. Opinion delivered by Justice Reichek. Justices Molberg and Nowell participating. GREGORY WAYNE ABBOTT IN HIS OFFICIAL CAPACITY AS GOVERNOR OF TEXAS, Appellant No. 05-20-00694-CV V. STIRR DALLAS, LLC, CITIZEN UPTOWN LIMITED LIABILITY CO., THAT’S NOT A TYPO, LLC, NOT UPTOWN, LLC, BIG FACE HENDO’S, LLC, REAL HART, LLC, THE SIDE STREET BAR, INC., AND MICHAEL BLOHM D/B/A ISLAND CLUB, Appellees In accordance with this Court’s opinion of this date, the trial court’s July 24, 2020 order denying Governor Abbott’s plea to the jurisdiction is VACATED and this case is DISMISSED. It is ORDERED that the parties bear their own costs of this appeal. Judgment entered December 2, 2020 –3–
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