Abbott v. Point Isabel Indep. Sch. Dist.

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GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF TEXAS, AND KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS, Appellants, v. POINT ISABEL INDEPENDENT SCHOOL DISTRICT, Appellee.

No. 13-21-00283-CV

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

March 9, 2023

On appeal from the 444th District Court of Cameron County, Texas.

Before Chief Justice Contreras and Justices Longoria and Silva

MEMORANDUM OPINION

CLARISSA SILVA JUSTICE

In this interlocutory appeal, Greg Abbott, in his official capacity as Governor of Texas, and Ken Paxton, in his official capacity as Attorney General of Texas, challenge a temporary injunction granted in favor of Point Isabel Independent School District

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(PIISD). By order issued on February 1, 2023, this Court abated this appeal until the Texas Supreme Court decides the issues presented in: (1) Abbott v. City of San Antonio, 648 S.W.3d 498 (Tex. App.-San Antonio 2021, pet. granted), pending in cause number 21-1079 in the supreme court; (2) Abbott v. Jenkins, No. 05-21-00733-CV, 2021 WL 5445813 (Tex. App.-Dallas Nov. 22, 2021, pet. granted) (mem. op.), pending in cause number 21-1080 in the supreme court; and (3) Abbott v. Harris County, Texas, 641 S.W.3d 514 (Tex. App.-Austin 2022, pet. granted), pending in cause number 22-0124 in the supreme court.

The parties to this appeal have now filed a joint motion to dismiss the appeal on grounds that "it is not in the interest of the parties or the Court to continue this litigation." The parties request this Court to dismiss the appeal and to assess costs and fees against the party incurring same. See Tex. R. App. P. 42.1(a)(1) (allowing the Court to "dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled").

The Court, having examined and fully considered the joint motion to dismiss, is of the opinion that it should be granted. Accordingly, we reinstate the appeal, grant the joint motion to dismiss, and dismiss this appeal. Costs will be borne by the party incurring the same. See id. R. 42.1(d). Because the appeal is being dismissed at the joint request of the parties, no motion for rehearing will be entertained.