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Collins v. En'Cynk Builders, Inc.

Court of Appeals of Texas, First District
Jul 28, 2022
No. 01-22-00350-CV (Tex. App. Jul. 28, 2022)

Opinion

01-22-00350-CV

07-28-2022

LOIS M. COLLINS, Appellant v. EN'CYNK BUILDERS, INC., Appellee


On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1151172

Panel consists of Justices Landau, Guerra, and Farris.

MEMORANDUM OPINION

PER CURIAM

Appellant, Lois M. Collins, appealed from the trial court's January 28, 2022 final judgment. On June 10, 2022, appellant filed a "Motion to Withdraw Appeal," stating that she "no longer wishes to pursue this appeal and for this reason respectfully withdraws her appeal." We construe appellant's motion as a motion to voluntarily dismiss her appeal. See Tex. R. App. P. 42.1(a)(1) (appellate court may dismiss appeal on motion of appellant).

Appellant's motion does not include a certificate of conference stating that appellant conferred, or made a reasonable effort to confer, with appellee, En'Cynk Builders, Inc., regarding the relief requested in appellant's motion. See Tex. R. App. P. 10.1(a)(5). However, more than ten days have passed, and no party has expressed opposition to appellant's motion. See Tex. R. App. P. 10.3(a). No other party has filed a notice of appeal, and no opinion has issued. See Tex. R. App. P. 42.1(a)(1), (c).

Accordingly, we grant appellant's motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot.


Summaries of

Collins v. En'Cynk Builders, Inc.

Court of Appeals of Texas, First District
Jul 28, 2022
No. 01-22-00350-CV (Tex. App. Jul. 28, 2022)
Case details for

Collins v. En'Cynk Builders, Inc.

Case Details

Full title:LOIS M. COLLINS, Appellant v. EN'CYNK BUILDERS, INC., Appellee

Court:Court of Appeals of Texas, First District

Date published: Jul 28, 2022

Citations

No. 01-22-00350-CV (Tex. App. Jul. 28, 2022)