Jake's Inc. d/b/a Jake's Finer Foods v. LaMarcus Hearn Appeal from 157th District Court of Harris County (memorandum opinion per curiam)
Annotate this Case
Download PDF
Motion Granted, Appeal Dismissed, and Memorandum Opinion filed June 7, 2022. In The Fourteenth Court of Appeals NO. 14-21-00749-CV JAKE’S INC. D/B/A JAKE’S FINER FOODS, Appellant V. LAMARCUS HEARN, Appellee On Appeal from the 157th District Court Harris County, Texas Trial Court Cause No. 2021-48292 MEMORANDUM OPINION This is an interlocutory appeal from an order signed November 29, 2021 denying appellant’s motion to transfer the proceeding to arbitration. On May 24, 2022, the parties filed a joint motion to dismiss the appeal “with prejudice” as the parties have agreed to transfer their proceeding to arbitration. The Texas Rules of Appellate Procedure speak only of a dismissal of an appeal; neither “with prejudice” nor “without prejudice” is appended to the word “dismissal.” See Tex. R. App. P. 42.1. We construe the motion as one for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). So construed, the motion is granted, and the appeal is dismissed. PER CURIAM Panel consists of Justices Zimmerer, Spain, and Poissant. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
