Opinion
NO. 01-17-00059-CV
06-01-2017
On Appeal from the 151st District Court Harris County, Texas
Trial Court Case No. 2016-74040
MEMORANDUM OPINION
On February 28, 2017, appellant Peter O. Wessel filed a motion to voluntarily dismiss his appeal. Wessel stated in his certificate of conference that he was unable to confer with appellee's counsel and was unaware whether appellees opposed the motion. No response was filed. Accordingly, we advised the parties that we would take this motion with the case.
The appellant's brief for cross-appellant, Brent J. Ludwig, individually and derivatively on behalf of Ludwig Recruitment, LLC d/b/a Ludwig Wessel & Associates, was due on February 28, 2017. Notice issued on April 11, 2017 that the brief was late and that the Court might dismiss for want of prosecution if the brief, or a motion for extension of time to file the brief, was not filed within 10 days of the notice. No brief or motion for extension of time was filed.
Accordingly, we grant appellant Peter O. Wessel's motion and we dismiss the appeal. We dismiss the cross-appeal for want of prosecution. Any pending motions are dismissed as moot.
PER CURIAM Panel consists of Justices Higley, Bland, and Brown.