2999TC Acquisitions, LLC f/k/a MO 2999TC, LLC v. HNGH Turtle Creek, LLC, William L. Hutchinson, Vipin Nambiar, HN Green Hollow Capital Partners, LLC, 2999 Turtle Creek, LLC, and Madison Realty Capital, LP Appeal from 14th Judicial District Court of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed November 19, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00774-CV 2999TC ACQUISITIONS, LLC F/K/A MO 2999TC, LLC, Appellant V. HNGH TURTLE CREEK, LLC, WILLIAM L. HUTCHINSON, VIPIN NAMBIAR, HN GREEN HOLLOW CAPITAL PARTNERS, LLC, 2999 TURTLE CREEK, LLC, AND MADISON REALTY CAPITAL, LP, Appellees On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-05864 MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Evans Opinion by Justice Pedersen, III Before the Court are (1) appellant’s Notice of Nonsuit in District Court and (2) appellees HNGH Turtle Creek, LLC, William L. Hutchinson, Vipin Nambiar, and HN Green Hollow Capital Partners, LLC’s (collectively, HNGH Turtle Creek) Expedited Motion to Dismiss Appeal as Moot Due to Nonsuit. In its notice of nonsuit, appellant states that it no longer desires to pursue this interlocutory appeal. Accordingly, we construe appellant’s notice of nonsuit filing as a motion to dismiss the appeal. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). We deny as moot HNGH Turtle Creek’s motion to dismiss the appeal. /Bill Pedersen, III// BILL PEDERSEN, III JUSTICE 200774f.p05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT 2999TC ACQUISITIONS, LLC F/K/A MO 2999TC, LLC, Appellant No. 05-20-00774-CV On Appeal from the 14th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-20-05864. Opinion delivered by Justice Pedersen, III. Justices Partida-Kipness and Evans participating. V. HNGH TURTLE CREEK, LLC, WILLIAM L. HUTCHINSON, VIPIN NAMBIAR, HN GREEN HOLLOW CAPITAL PARTNERS, LLC, 2999 TURTLE CREEK, LLC, AND MADISON REALTY CAPITAL, LP, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees HNGH TURTLE CREEK, LLC, WILLIAM L. HUTCHINSON, VIPIN NAMBIAR, HN GREEN HOLLOW CAPITAL PARTNERS, LLC, 2999 TURTLE CREEK, LLC, AND MADISON REALTY CAPITAL, LP recover their costs of this appeal from appellant 2999TC ACQUISITIONS, LLC F/K/A MO 2999TC, LLC. Judgment entered this 19th day of November, 2020. –3–
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