Prayosha Texas Enterprises LLC D/B/A Comfort Suites Lake Ray Hubbard v. Matthew Malinowski

DISMISS and Opinion Filed April 16, 2024

In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00378-CV

PRAYOSHA TEXAS ENTERPRISES LLC D/B/A
COMFORT SUITES LAKE RAY HUBBARD, Appellant
V.
MATTHEW MALINOWSKI, ASHLEY MALINOWSKI, INDIVIDUALLY
AND AS NEXT FRIENDS OF MINORS, D.M. AND L.M., Appellees

On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-23-01723-C

MEMORANDUM OPINION
Before Justices Molberg, Nowell, and Kennedy
Opinion by Justice Molberg
Before the Court is the April 15, 2024 letter of appellant’s counsel informing

the Court that the appeal is now moot because the trial court granted its motion for

new trial. We construe the letter as a motion to dismiss, grant the motion, and

dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Ken Molberg//
240378f.p05 KEN MOLBERG
JUSTICE
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

PRAYOSHA TEXAS On Appeal from the County Court at
ENTERPRISES LLC D/B/A Law No. 3, Dallas County, Texas
COMFORT SUITES LAKE RAY Trial Court Cause No. CC-23-01723-
HUBBARD, Appellant C.
Opinion delivered by Justice
No. 05-24-00378-CV V. Molberg. Justices Nowell and
Kennedy participating.
MATTHEW MALINOWSKI,
ASHLEY MALINOWSKI,
INDIVIDUALLY AND AS NEXT
FRIENDS OF MINORS, D.M. AND
L.M., Appellees

In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

It is ORDERED that appellees MATTHEW MALINOWSKI, ASHLEY
MALINOWSKI, INDIVIDUALLY AND AS NEXT FRIENDS OF MINORS, D.M.
AND L.M. recover their costs of this appeal from appellant PRAYOSHA TEXAS
ENTERPRISES LLC D/B/A COMFORT SUITES LAKE RAY HUBBARD.

Judgment entered this 16th day of April, 2024.

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