DISMISS and Opinion Filed December 2, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00694-CV
GREGORY WAYNE ABBOTT IN HIS OFFICIAL CAPACITY AS
GOVERNOR OF TEXAS, Appellant
V.
STIRR DALLAS, LLC, CITIZEN UPTOWN, LIMITED LIABILITY
COMPANY, THAT’S NOT A TYPO, LLC, NOT UPTOWN, LLC,
BIG FACE HENDO’S LLC, REAL HART, LLC,
THE SIDE STREET BAR, INC., AND
MICHAEL BLOHM D/B/A ISLAND CLUB, Appellees
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-09166
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Nowell
Opinion by Justice Reichek
Gregory Wayne Abbott in his Official Capacity as Governor of Texas brings
this interlocutory appeal from an order denying his plea to the jurisdiction. On
November 3, 2020, appellees notified this Court that it had filed with the trial court
a notice of nonsuit of all their claims against Governor Abbott. Appellees’ nonsuit
vitiated the trial court’s interlocutory order denying Abbott’s plea to the jurisdiction.
See Univ. of Texas Med. Branch at Galveston v. Estate of Blackmon, 195 S.W.3d
98, 101 (Tex. 2006) (per curiam).
Before the Court is Governor Abbott’s unopposed motion to dismiss this case
for want of jurisdiction. In his motion, Governor Abbott requests that we vacate the
trial court’s order denying his plea to the jurisdiction and dismiss this case. We grant
the motion, vacate the trial court’s July 24, 2020 order denying Governor Abbott’s
plea to the jurisdiction, and dismiss this case. See TEX. R. APP. P. 42.1(a)(1), 42.3(a).
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
200694F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
GREGORY WAYNE ABBOTT IN On Appeal from the 68th Judicial
HIS OFFICIAL CAPACITY AS District Court, Dallas County, Texas
GOVERNOR OF TEXAS, Appellant Trial Court Cause No. DC-20-09166.
Opinion delivered by Justice
No. 05-20-00694-CV V. Reichek. Justices Molberg and
Nowell participating.
STIRR DALLAS, LLC, CITIZEN
UPTOWN LIMITED LIABILITY
CO., THAT’S NOT A TYPO, LLC,
NOT UPTOWN, LLC, BIG FACE
HENDO’S, LLC, REAL HART,
LLC, THE SIDE STREET BAR,
INC., AND MICHAEL BLOHM
D/B/A ISLAND CLUB, Appellees
In accordance with this Court’s opinion of this date, the trial court’s July 24,
2020 order denying Governor Abbott’s plea to the jurisdiction is VACATED and
this case is DISMISSED.
It is ORDERED that the parties bear their own costs of this appeal.
Judgment entered December 2, 2020
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