Merriam v. Christ

Full title: RUDYARD MERRIAM, Appellant, v. JANICE MARIAN CHRIST, Appellee

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Jan 31, 2008

No. 13-07-00235-CV (Tex. App. Jan. 31, 2008)

Opinion

No. 13-07-00235-CV

Memorandum Opinion delivered and filed January 31, 2008.

On Appeal from the 284th District Court of Montgomery County, Texas.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and VELA.

MEMORANDUM OPINION

PER CURIAM.

Appellant, Rudyard Merriam, perfected an appeal from a judgment entered by the 284th District Court of Montgomery County, Texas, in cause number 05-06-05163 CV. Appellant has filed a motion to dismiss his appeal on grounds that he no longer desires to appeal the final ruling on the merits of the case. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED. The costs of the appeal are taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Pending motions, if any, are DISMISSED AS MOOT.

Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.