Summary
dismissing Molloy's appeal after her death and stating trial court had continuing jurisdiction and authority to impose sanctions against Powell
Summary of this case from Powell v. FletcherOpinion
NO. 01-19-00840-CV
04-27-2021
CATHERINE MURRAH MOLLOY, Appellant v. KEVIN ALAN FLETCHER, Appellee
On Appeal from the 257th District Court Harris County, Texas
Trial Court Case No. 2018-67151
MEMORANDUM OPINION
This is an appeal from the trial court's order in a suit affecting the parent-child relationship, signed on August 5, 2019. In September 2020, appellee, Keith Alan Fletcher, filed a motion to dismiss the appeal and a motion for sanctions and to adopt the trial court's recommendations in its findings of fact and conclusions of law.
Appellant, Catherine Mullah Molloy, has four proceedings pending in this Court, including two appeals and two original proceedings. In June 2020, Fletcher filed a motion to show authority, alleging that Molloy had informed Fletcher that she no longer wished to prosecute this appeal, but that her attorney, Frank Powell, refused to follow her instructions. This Court issued an order, abating the appeal and remanding to the trial court, directing the trial court to hold a hearing and prepare findings of fact and conclusions of law.
These include cases 01-19-00621-CV, In re Molloy; 01-19-00840-CV, Molloy v. Fletcher; 01-19-00894-CV, In re Molloy; 01-20-00322-CV, Molloy v. Fletcher. Opinion in 01-19-00621-CV issued in August 2020. --------
This Court was advised that Molloy is now deceased and is no longer represented by counsel. Although we have no response from Molloy concerning dismissal of the appeal, the trial court held hearings before Molloy died and prepared detailed findings of fact and conclusions of law, determining in part, that Molloy "clearly and unequivocally desires Cause Nos. 01-19-00621-CV, 01-19-00894-CV, 01-19-00840-CV, and 01-20-00322-CV to be dismissed."
Based on the trial court's determination that Molloy desired to dismiss this appeal, we grant appellee's motion to dismiss this appeal. In light of the trial court's continuing and exclusive jurisdiction, the trial court has the authority to determine whether to impose sanctions in accordance with its previously-prepared findings of fact and conclusions of law.
We dismiss the appeal. Any pending motions are dismissed as moot.
PER CURIAM Panel consists of Justices Kelly, Landau, and Hightower.