David Jenkins v. City of Houston--Appeal from 152nd District Court of Harris County
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Motion Granted; Appeal Dismissed and Memorandum Opinion filed March 3, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-11-00043-CV _____________ DAVID JENKINS, Appellant V. CITY OF HOUSTON, Appellee On Appeal from the 152nd District Court Harris County, Texas Trial Court Cause No. 2009-13235 MEMORANDUM OPINION This is an appeal from a summary judgment signed December 17, 2010. On January 6, 2011, appellant, David Jenkins, filed a motion for new trial. The trial court granted Jenkins s motion for new trial on January 24, 2011. The trial court again granted a summary judgment in favor of appellee, the City of Houston, but the court denied the City s plea to the jurisdiction. The City filed a notice of appeal from the denial of its plea to the jurisdiction. Its appeal is pending under this court s appellate number 14-1100091-CV. On February 22, 2011, Jenkins filed an unopposed motion to dismiss his appeal. See Tex. R. App. P. 42.1. He requested that the court retain the City s appeal pending under 14-11-00091-CV. The motion is granted. Accordingly, Jenkins s appeal is ordered dismissed. The City s appeal remains pending under our number 14-11-00091-CV. PER CURIAM Panel consists of Justices Anderson, Seymore, and McCally. 2
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