Heather Marie Teter v. State

Court of Appeals of Texas·Decided July 19, 2019·No. 05-18-01252-CR·Published

Opinion

DISMISS; and Opinion Filed July 19, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01252-CR

HEATHER MARIE TETER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 371st District Court Tarrant County, Texas Trial Court Cause No. 1512130D

MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Pedersen, III On May 23, 2019, a supplemental clerk’s record was filed containing appellant’s two pro

se motions to dismiss this appeal. The motions are handwritten and signed by appellant, but they

are not signed by her counsel. Under Rule 42.2(a) of the Texas Rules of Appellate Procedure, both

the appellant and her attorney “must sign the written motion to dismiss.” TEX. R. CIV. P. 42.2(a).

On May 29, 2019, this Court forwarded a copy of appellant’s motions to her counsel, Eric

Labovitz, and requested that Labovitz file a supplemental motion to dismiss should he agree that

this appeal should be dismissed. On July 10, 2019, Labowitz filed a motion dismiss and requested

that we withdraw appellant’s notice of appeal and dismiss her appeal. We GRANT the foregoing

motions to dismiss. See id. We dismiss the appeal.

/Bill Pedersen, III/ BILL PEDERSEN, III JUSTICE

Do No Publish TEX. R. APP. P. 47.2(b)

181252F.U05

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

HEATHER MARIE TETER, Appellant On Appeal from the 371st District Court, Tarrant County, Texas No. 05-18-01252-CR V. Trial Court Cause No. 1512130D. Opinion delivered by Justice Pedersen, III. THE STATE OF TEXAS, Appellee Justices Whitehill and Partida-Kipness participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered this 19th day of July, 2019.

–3–

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