Eliseo Cerda, Sr. v. Ofelia D. Garcia

Opinion

NO. 07-12-00399-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

SEPTEMBER 27, 2012

ELISEO CERDA, SR., APPELLANT

v.

OFELIA D. GARCIA, APPELLEE

FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY;

NO. 096-246065-10; HONORABLE R. H. WALLACE, JUDGE

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

ON MOTION TO DISMISS

Appellant, Ofelia D. Garcia, filed a notice of appeal from the trial court’s March

29, 2012 Judgment. Eliseo Cerda, Sr., then filed a notice of cross-appeal. By order,

this Court severed Cerda’s cross-appeal from cause number 07-12-00168-CV, into the

present cause.

On September 17, 2012, Cerda filed a motion to dismiss his cross-appeal. No

decision of this Court having been delivered to date, we grant the motion. Accordingly,

Cerda’s cross-appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). As there was no

contrary agreement of the parties included in Cerda’s motion, all costs related to this cross-appeal are assessed against Cerda. See TEX. R. APP. P. 42.1(d). If dismissal will

prevent cross-appellee from seeking relief to which she would otherwise be entitled, the

Court directs cross-appellee to file a timely motion for rehearing. 1 No motion for

rehearing from cross-appellant will be entertained.

Per Curiam

1 As stated in the order of severance, Garcia’s appeal in cause number 07-12- 00168-CV, remains pending and will proceed in due course. 2