Connie Hinojosa v. Metropolitan Transit Authority of Harris County, Texas

• Court: Court of Appeals of Texas
• Decided: February 22, 2018
• Docket: 01-17-00824-CV
• Status: Published

Opinion

Memorandum Order issued February 22, 2018

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-17-00824-CV ——————————— CONNIE HINOJOSA, Appellant V. METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS, FIRST TRANSIT, INC., AND MERICA EUBANKS, Appellees

On Appeal from the 234th District Court Harris County, Texas Trial Court Case No. 2016-48853

MEMORANDUM ORDER Appellant, Connie Hinojosa, has filed a partial motion to dismiss her appeal

against appellees First Transit, Inc. and Merica Eubanks, and further requests that

this Court assess costs against the party that incurred them. See TEX. R. APP. P.

42.1(a)(1), (b), (d). Appellant states that she continues to pursue her appeal against appellee Metropolitan Transit Authority of Harris County, Texas. While the

certificate of conference attached to the motion to dismiss indicates that no

response had been received from appellees’ counsel, this motion has been on file

with this Court for more than ten days, and no party has responded to the motion.

See id. 10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal and no

opinion has issued. See id. 42.1(a)(1), (c).

Accordingly, we grant the motion and dismiss the appeal against appellees

First Transit, Inc. and Merica Eubanks, with costs to be taxed against the party who

incurred the same. See id. 42.1(a)(1), (d), 43.2(f). The appeal against appellee

Metropolitan Transit Authority of Harris County, Texas, remains pending. See id.

42.1(b).

PER CURIAM Panel consists of Justices Jennings, Keyes, and Higley.