Motion Granted; Appeal Dismissed and Memorandum Opinion filed March 3, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00043-CV
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DAVID JENKINS, Appellant
V.
CITY OF HOUSTON, Appellee
On Appeal from the 152nd District Court
Harris County, Texas
Trial Court Cause No. 2009-13235
M E M O R A N D U M O P I N I O N
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 14-11-00091-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.