Opinion
No. 10-06-00295-CV.
Delivered: December 20, 2006.
Appeal From the 170th McLennan County, Texas Trial Court No. 2005-1594-4.
BEFORE CHIEF JUSTICE GRAY, JUSTICE VANCE, AND JUSTICE REYNA.
MEMORANDUM OPINION
Appellee, Albert Bryan Lewter, Jr., filed a motion to disqualify counsel of record for Appellant, Nancy Jeanette Saxton, in this appeal. We referred the motion to the trial court with instructions to hear evidence, make findings and recommendations, and report them to the trial court clerk.
A hearing was held, and the trial court found that Saxon believed she did not authorize her attorney to appeal her case to this Court and that Saxon signed an affidavit requesting that the appeal be dismissed. The affidavit is attached to the trial court's findings.
This appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1).
Lewter's motion to disqualify and motion to dismiss are dismissed as moot.
Appeal dismissed Motions dismissed as moot