City of San Antonio v. Jeffrey Schaak

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00702-CV

CITY OF SAN ANTONIO,
Appellant

v.

Jeffrey SCHAAK,
Appellee

From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2024-CI-11619
Honorable Cynthia Marie Chapa, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Lori I. Valenzuela, Justice

Delivered and Filed: February 11, 2026

DISMISSED

On January 30, 2026, appellant the City of San Antonio filed an unopposed motion to

dismiss this appeal, end the automatic stay, and immediately issue the mandate. The motion states

that the parties agree to bear their own appellate court costs. The certificate of conference states

that the parties have conferred and that appellee Jeffrey Schaak is unopposed. See TEX. R. APP. P.

10.3(a)(2). Therefore, we grant the motion and dismiss this appeal. See id. R. 42.1(a)(1); 43.2(f).

We order the clerk of the court to immediately issue the mandate. See id. R. 18.1(c). The automatic
04-25-00702-CV

stay imposed by Texas Civil Practice and Remedies Code section 51.014(b) will automatically

expire upon issuance of the mandate. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(b); In re

Madison, 722 S.W.3d 864, 865 (Tex. 2025) (per curiam) (“[W]hen the appellate mandate issues,

the automatic stay expires.”). We order costs of the appeal taxed against the party who bore them.

PER CURIAM

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