On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. 2010-07004
The opinion of the court was delivered by: Michael J. O'neill Justice
Before Justices O'Neill, FitzGerald, and Lang-Miers
Opinion By Justice O'Neill
Appellee Cinemacar Leasing, Inc. filed a motion to dismiss appeal as moot based on the recent memorandum opinion out of the Second District Court of Appeals involving the same issues and facts. See Mahmood Chaseekhalili and Fatema Faiyaz v. Cinemacar Leasing, Inc., 02-11- 00454-CV, 2012 WL 3207247 (Tex. App.-Fort Worth, Aug. 30, 2012) (mem. op.). *fn1 Appellee contends a ruling from this Court may result in contradictory and/or duplicative rulings on the same facts and issues in dispute.
We ordered appellants to file a response by October 29, 2012 and if we did not receive one, we informed appellants the Court "shall consider the motion and proceed accordingly" when the case was submitted. Appellants failed to file a response.
After reviewing the facts and issues raised in this appeal with the facts and issues decided by the Second District Court of Appeals, we agree with appellee that appellants' appeal is moot. Accordingly, appellee's motion is granted and we dismiss this appeal. Tex. R. App. P. 42.3(a).
Court of Appeals Fifth District of Texas at Dallas
ADDISON LIMOS LLC, MAHMOOD GHASREKHALILI D/B/A ADDISON EXPRESS CAR & LIMOUSINE SERVICE, AND FATEMA FAIYAZ, Appellants V. CINEMACAR LEASING, INC., Appellee
Appeal from the 298th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. ...