Juan Munoz v. Katoen Natie Gulf Coast, Inc.

Opinion issued November 4, 2025

In The

Court of Appeals
For The

First District of Texas
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NO. 01-25-00836-CV
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JUAN MUNOZ, Appellant
V.
KATOEN NATIE GULF COAST, INC., Appellee

On Appeal from the 11th District Court
Harris County, Texas
Trial Court Case No. 2023-05304

MEMORANDUM OPINION

Appellant, Juan Munoz, filed a notice of appeal from the trial court’s

September 23, 2025 order granting the matter-of-law and no-evidence motion for

final summary judgment of appellee, Katoen Natie Gulf Coast, Inc. On October 13,

2025, appellant filed a letter notifying the Court that the trial court had vacated its
September 23, 2025 order and requesting that the appeal “be dismissed.” We

construe appellant’s October 13, 2025 letter as a motion to dismiss the appeal. See

TEX. R. APP. P. 42.1(a)(1) (permitting voluntary dismissal of appeal on motion of

appellant).

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(1), (c). Appellant’s motion does not include a certificate of

conference stating that appellant conferred with appellee regarding the merits of the

motion and whether appellee is opposed to the requested relief. See TEX. R. APP. P.

10.1(a)(5). However, more than ten days have passed, and no party has opposed the

relief requested by appellant’s motion. See TEX. R. APP. P.10.3(a)(2).

Accordingly, the Court grants appellant’s motion and dismisses the appeal.

See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as

moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Gunn, and Caughey.

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