Cunnington Koroso Koo v. Theresa Moneal Tillman

• Court: Court of Appeals of Texas
• Decided: February 17, 2023
• Docket: 05-22-01153-CV
• Status: Published

Opinion

DISMISS and Opinion Filed February 17, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01153-CV

CUNNINGTON KOROSO KOO, Appellant V. THERESA MONEAL TILLMAN, Appellee

On Appeal from the 468th Judicial District Court Collin County, Texas Trial Court Cause No. 468-57452-2021

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns By letter filed January 24, 2023, Collin County District Clerk Michael Gould

informs the Court that his office received an email from appellant stating he did not

intend to file this appeal and asking the appeal be withdrawn. Attached to the letter

is a copy of the email, which was sent November 1, 2022.

We note that since filing the notice of appeal on October 26, 2022, appellant

has taken no steps to prosecute the appeal. We also note that appellant was copied

on the January 24th letter and has not filed any response. Accordingly, we construe appellant’s email as a motion to dismiss, grant the motion, and dismiss the appeal.

See TEX. R. APP. P. 42.1(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III 221153F.P05 CHIEF JUSTICE

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

CUNNINGTON KOROSO KOO, On Appeal from the 468th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 468-57452- No. 05-22-01153-CV V. 2021. Opinion delivered by Chief Justice THERESA MONEAL TILLMAN, Burns, Justices Pedersen, III and Appellee Goldstein participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Theresa Moneal Tillman recover her costs, if any, of this appeal from appellant Cunnington Koroso Koo.

Judgment entered this 17th day of February 2023.

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