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Xan Difede, Individually and Derivatively on Behalf of XD Ventures, LLC v. Diana Durand

Docket 01-25-00334-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 1st District (Houston)
Type
Lead Opinion
Case type
Civil
Disposition
Dismissed
Docket
01-25-00334-CV

Appeal from a final judgment in a civil case (Trial Court Case No. 2021-38859) in the 151st District Court, Harris County, Texas.

Summary

The First District of Texas Court of Appeals granted the appellant's unopposed motion to dismiss an appeal. The appellant had filed a notice of nonsuit and later a motion to dismiss the appeal; the court requested clarification and held the motion for the required period for a response, but none was filed. The court therefore granted the motion, dismissed the appeal under the Texas Rules of Appellate Procedure, and denied as moot any other pending motions. The decision disposed of the appeal without reaching the merits of the underlying judgment.

Issues Decided

  • Whether the appellant's motion to dismiss the appeal should be granted when no response was filed after the court's request for clarification.
  • Whether the appeal should be dismissed under the Texas Rules of Appellate Procedure when a party files a notice of nonsuit and a motion to dismiss.

Court's Reasoning

The court granted dismissal because the appellant formally moved to dismiss the appeal and failed to receive any opposition after the court's request for clarification. The court followed the Texas Rules of Appellate Procedure, observed the required waiting period for a response to the motion, and found no grounds to deny dismissal. Because dismissal was appropriate, the court did not address the merits of the underlying judgment and dismissed other pending motions as moot.

Authorities Cited

  • Texas Rules of Appellate ProcedureTEX. R. APP. P. 10.5, 42.1(a)(1), 43.2(f)

Parties

Appellant
Xan Difede, individually and derivatively on behalf of XD Ventures, LLC
Appellee
Diana Durand
Judge
Per Curiam; Justices Gunn, Caughey, and Morgan

Key Dates

Trial court final judgment date
2025-04-21
Notice of nonsuit filed
2026-02-03
Court requested clarification
2026-03-17
Motion to dismiss filed by appellant
2026-03-19
Opinion issued / appeal dismissed
2026-04-21

What You Should Do Next

  1. 1

    Confirm statutory or rule-based deadlines

    The appellant should verify whether refiling the appeal is permitted under applicable statutes or rules and whether any deadlines (such as limitations or post-judgment deadlines) affect the ability to refile.

  2. 2

    Consult counsel about the trial-court judgment

    Both parties should confer with counsel to determine the practical effect of the dismissal on enforcement or post-judgment motions at the trial-court level.

  3. 3

    If dissatisfied, evaluate procedural remedies

    A party that believes the dismissal was improper should promptly consult counsel to assess limited procedural remedies, although relief may be difficult since the dismissal was unopposed and voluntary.

Frequently Asked Questions

What did the court decide?
The court granted the appellant's motion and dismissed the appeal, so the appellate case is ended without a decision on the merits.
Who is affected by this decision?
The appellant (Xan Difede / XD Ventures, LLC) and the appellee (Diana Durand) are affected; the trial-court judgment remains subject to the appellant's option to refile if not barred by other rules or deadlines.
What happens to other pending motions in the appeal?
The court dismissed any other pending motions as moot.
Can this dismissal be appealed?
Generally, dismissals by voluntary motion are final orders; a party typically cannot appeal a dismissal they requested, though procedural challenges about how the dismissal was handled would be limited.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
Opinion issued April 21, 2026




                                     In The

                              Court of Appeals
                                     For The

                          First District of Texas
                            ————————————
                              NO. 01-25-00334-CV
                           ———————————
 XAN DIFEDE, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF
                 XD VENTURES, LLC, Appellant
                                        V.
                          DIANA DURAND, Appellee


                    On Appeal from the 151st District Court
                             Harris County, Texas
                       Trial Court Case No. 2021-38859


                         MEMORANDUM OPINION

      Appellant filed a notice of appeal from a final judgment signed on April 21,

2025. On February 3, 2026, appellant filed a notice of nonsuit, asking the Court to

“enter a final nonsuit without prejudice to refile same.” On March 17, 2026, the

Court issued an order requesting clarification whether appellant was requesting
dismissal of the appeal. On March 19, 2026, appellant filed a motion to dismiss the

appeal. Because there was no certificate of conference, the Court held this motion

for 10 days for a response, but none was filed. See TEX. R. APP. P. 10.5. We grant

the motion.

      We dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). Any other

pending motions are dismissed as moot.

                                 PER CURIAM
Panel consists of Justices Gunn, Caughey, and Morgan.




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