Evan Miller v. Kim Hooker

• Court: Court of Appeals of Texas
• Decided: May 28, 2021
• Docket: 07-21-00054-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-21-00054-CV ________________________

EVAN MILLER, APPELLANT

V.

KIM HOOKER, APPELLEE

On Appeal from the 64th District Court Hale County, Texas Trial Court No. A43606-2012; Honorable Danah L. Zirpoli, Presiding

May 28, 2021

MEMORANDUM OPINION Before PIRTLE and PARKER and DOSS, JJ.

Appellant, Evan Miller, appeals from the trial court’s Order Granting 91a Dismissal

of Suit with Prejudice and Payment of Attorney’s Fees. Now pending before this court is

Miller’s motion seeking voluntary dismissal of his appeal. The court finds the motion

complies with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that

granting the motion will not prevent any party from seeking relief to which it would otherwise be entitled. 1 As no decision of the court has been delivered to date, we grant

the motion. The appeal is dismissed. No motion for rehearing will be entertained and our

mandate will issue forthwith.

Per Curiam

1 On May 18, 2021, Miller filed a letter with this court titled “Notice of Withdrawal of Appeal,”

indicating his desire to dismiss this appeal. By letter of May 24, 2021, we notified Miller that we construed his letter as a motion requesting voluntary dismissal and would act on the motion unless he requested otherwise by June 3, 2021. On May 25, 2021, Miller filed a second notice requesting that we dismiss the appeal.