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Oneal v. Rodriguez

Court of Appeals of Texas, First District
Jul 28, 2022
No. 01-22-00214-CV (Tex. App. Jul. 28, 2022)

Opinion

01-22-00214-CV

07-28-2022

MONIQUE ONEAL, Appellant v. EDGAR RODRIGUEZ, Appellee


On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2021-08371

Panel consists of Justices Landau, Guerra, and Farris.

MEMORANDUM OPINION

PER CURIAM

Appellant, Monique Oneal, filed a notice of restricted appeal from the trial court's November 28, 2021 default judgment. On June 15, 2022, appellant filed a motion to dismiss the appeal, stating that appellant "no longer wishes to pursue this [a]ppeal" and requesting that the Court dismiss the appeal.

In her notice of appeal, appellant states that her name is spelled "Monique O'Neal." However, the style of our case is in accord with the trial court's default judgment. See Owens v. Handyside, 478 S.W.3d 172, 175 n.1 (Tex. App.-Houston [1st Dist.] 2015, pet. denied).

Appellant's motion does not include a certificate of conference stating that appellant conferred, or made a reasonable effort to confer, with appellee, Edgar Rodriguez, 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

Oneal v. Rodriguez

Court of Appeals of Texas, First District
Jul 28, 2022
No. 01-22-00214-CV (Tex. App. Jul. 28, 2022)
Case details for

Oneal v. Rodriguez

Case Details

Full title:MONIQUE ONEAL, Appellant v. EDGAR RODRIGUEZ, Appellee

Court:Court of Appeals of Texas, First District

Date published: Jul 28, 2022

Citations

No. 01-22-00214-CV (Tex. App. Jul. 28, 2022)