MARGARET CERDA TOVAR v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

This appeal was abated by this Court on November 17, 2017 because the reporter's record had not been filed.¹ Appellant's counsel has filed a motion to dismiss appeal. Accordingly, this case is hereby REINSTATED.

In a signed attachment to the motion, appellant states that she no longer wishes to pursue her appeal. We find the motion and attachment together meet the requirement of Texas Rule of Appellate Procedure 42.2(a) that appellant and his attorney must sign a written motion to dismiss the appeal. See TEX. R. APP. P. 42.2(a). Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

FOOTNOTES

1.   This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2017 R.S.).

Memorandum Opinion by Justice Contreras