Charles Edwards and Melanie Mallebranche v. Alisa Edwards

• Court: Court of Appeals of Texas
• Decided: April 22, 2014
• Docket: 01-14-00220-CV
• Status: Published

Opinion

Opinion issued April 22, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00220-CV ——————————— CHARLES EDWARDS AND MELANIE MALLEBRANCH, Appellants V. ALISA EDWARDS, Appellee

On Appeal from the 295th District Court of Harris County, Texas Trial Court Case No. 2012-16062

MEMORANDUM OPINION

Appellant, Automation Wash, Ltd., has filed an appeal from the Order and

Final Summary Judgment signed by the trial court on March 10, 2014. Although

no motion to dismiss has been properly filed, appellants Charles Edwards and

Melanie Mallebranche informed the Court by telephone they no longer wish to

pursue the appeal. Further, the required fees have not been paid and appellants are not appealing as indigent. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T CODE

ANN. §§ 51.207, 51.941(a), 101.041 (West 2013); Order Regarding Fees Charged

in Civil Cases in the Supreme Court and the Courts of Appeals and Before the

Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug.

28, 2007), reprinted in TEX. R. APP. P. app. A § B(1). After being notified on

March 31, 2014 that this appeal was subject to dismissal, appellant did not

adequately respond. See TEX. R. APP. P. 5, 42.3(c).

Accordingly, we dismiss the appeal as moot and for want of prosecution for

failure to pay fees. See TEX. R. APP. P. 38.8(a), 42.3(b). We dismiss any pending

motions as moot.

PER CURIAM Panel consists of Justices Keyes, Bland, and Brown.