Opinion
NO. 01-15-00083-CV
07-16-2015
REYNALDO ROBLEDO, Appellant v. IDALIA M. ROBLEDO, Appellee
On Appeal from the 312th Judicial District Court Harris County, Texas
Trial Court Cause No. 2013-03363
MEMORANDUM OPINION
Appellant, Reynaldo Robledo, has filed a motion to withdraw his notice of appeal, which we construe as a motion to dismiss his appeal. See TEX. R. APP. P. 42.1(a)(1). Appellant seeks dismissal of the appeal before the trial court's entry of a final judgment set for July 21, 2015, after the trial court had granted, in part and within its plenary power, appellant's timely-filed motion for new trial, because he does not intend to appeal the new judgment. The motion contains a certificate of conference indicating that the appellee's counsel has been contacted and does not oppose this motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). 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 the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We construe this motion to include a motion to expedite the mandate and direct the Clerk of this Court to issue the mandate within three days of the date of this opinion. See id. at 18.1(c).
PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Massengale.