City of Milford v. Nestor Calderon, Jr.
This text of City of Milford v. Nestor Calderon, Jr. (City of Milford v. Nestor Calderon, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-10-00247-CV
CITY OF MILFORD, Appellant v.
NESTOR CALDERON, JR., Appellee
From the 40th District Court Ellis County, Texas Trial Court No. 79,293
MEMORANDUM OPINION
Appellant, City of Milford, filed a notice of appeal from an adverse judgment
issued by the trial court. Now, City of Milford has filed an unopposed motion to
dismiss the appeal. In the motion, City of Milford requests that we dismiss the appeal
and remand the case back to the trial court for completion of the dismissal process.
We are not permitted by the Rules of Appellate Procedure to dismiss the appeal
and remand the case. Accordingly, we grant City of Milford’s motion in part, set aside
the trial court’s judgment without regard to the merits, and remand the case to the trial
court for further proceedings. See TEX. R. APP. P. 42.1(a)(2)(B). TOM GRAY Chief Justice
Before Chief Justice Gray, Justice Reyna, and Justice Davis Judgment set aside and remanded Opinion delivered and filed December 8, 2010 [CV06]
City of Milford v. Calderon Page 2
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