Beechwood Servicing, LLC v. Mick and Brandolyn Owen

Opinion

DISMISSED and Opinion Filed March 25, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00894-CV

BEECHWOOD SERVICING, LLC, Appellant V. MIKE OWEN AND BRANDOLYN OWEN, Appellees

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-10-03452-E

MEMORANDUM OPINION Before Justices Moseley, O'Neill, and Lewis Opinion by Justice O'Neill Before the Court is appellees’ March 5, 2013 motion to dismiss the appeal for want of

prosecution and request for damages for filing a frivolous appeal. In response, appellant filed a

notice of dismissal stating that the appeal had been effectively dismissed on January 6, 2013

because appellant did not file a brief by that date. Appeals are not effectively dismissed in this

Court. If appellant intended not to pursue its appeal, it should have filed a motion to dismiss.

Nevertheless, appellant informs the Court that after its counsel reviewed the extensive record, it

determined that the appeal was not meritorious and made the decision not to file a brief. It

contends the appeal was not frivolous as it followed proper procedures for bringing an appeal

and paid for an extensive record. Only after reviewing the record, was the decision made not to

file a brief. We grant appellees’ motion and dismiss the appeal. See TEX. R. APP. P. 42.3(b). We

deny appellees’ request for damages.

/Michael J. O'Neill/ MICHAEL J. O'NEILL JUSTICE

120894F.P05

2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BEECHWOOD SERVICING, LLC, On Appeal from the County Court at Law Appellant No. 5, Dallas County, Texas Trial Court Cause No. CC-10-03452-E. No. 05-12-00894-CV V. Opinion delivered by Justice O'Neill. Justices Moseley and Lewis participating. MIKE OWEN AND BRANDOLYN OWEN, Appellees

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees, MIKE OWEN AND BRANDOLYN OWEN, recover their costs of this appeal from appellant, BEECHWOOD SERVICING, LLC.

Judgment entered this 25th day of March, 2013.