CourtListener 10830055•Mohammad Reza Assadi v. Amir Batoei, Family AB Austin Feb 5, LP; And Lee AB Land, LLC
Mohammad Reza Assadi v. Amir Batoei, Family AB Austin Feb 5, LP; And Lee AB Land, LLC
CourtListener 10830055Txctapp325 mars 2026
Texte intégral
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
ON MOTION FOR REHEARING
NO. 03-25-00703-CV
NO. 03-26-00084-CV
Mohammad Reza Assadi, Appellant
v.
Amir Batoei, Family AB Austin Feb 5, LP; and Lee AB Land, LLC, Appellees
FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-19-007501, THE HONORABLE JAN SOIFER, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
We withdraw our opinion and judgment dated February 27, 2026, on our own
motion and substitute the following opinion and judgment in their place. Appellant’s motion for
rehearing is dismissed as moot.
Mohammad Reza Assadi, acting pro se, filed an untimely January 23, 2026 notice
of appeal in cause number 03-26-00084 from the trial court’s October 27, 2025 final judgment,
which was dismissed for want of jurisdiction. Assadi also filed a premature appeal in cause
number 03-25-00703-CV from the trial court’s August 4, 2025 interlocutory order, which became
final and merged into the October 27, 2025 judgment when it was signed. See Tex. R. App. P.
27.1 (“In a civil case, a prematurely filed notice of appeal is effective and deemed filed on the day
of, but after, the event that begins the period for perfecting the appeal.”).
Thus, we reinstate the appeal in cause number 03-26-00084-CV and consolidate
these appeals. The record and all filings from cause number 03-25-00703-CV are consolidated
into cause number 03-26-00084-CV. The consolidated appeal will proceed under cause number
03-26-00084-CV, and cause number 03-25-00703-CV is dismissed. Appellant’s brief in the
consolidated cause number 03-26-00084-CV is due April 24, 2026, and appellee’s brief is due
May 26, 2026.
Before Chief Justice Byrne, Justices Theofanis and Crump
03-25-00703-CV Dismissed on Motion for Rehearing
03-26-00084-CV Consolidated on Motion for Rehearing
Filed: March 25, 2026
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