In the Interest of A.C.G., a Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 27, 2024
• Docket: 13-23-00585-CV
• Status: Published

Opinion

NUMBER 13-23-00585-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE INTEREST OF A.C.G., A CHILD

ON APPEAL FROM THE 23RD DISTRICT COURT OF MATAGORDA COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Tijerina and Peña Memorandum Opinion by Justice Tijerina

This matter is before the Court on appellant’s motion to dismiss. Appellant

appealed the trial court’s November 23, 2023 order in a suit affecting the parent-child

relationship, seeking to reverse the trial court’s judgment appointing a nonparent joint

managing conservator of the child subject to his appeal.

On June 20, 2024, appellant filed a “motion to nonsuit appeal.” Appellant requests

that we nonsuit his claims with prejudice and that he “no longer wishes to pursue this

appeal.” We construe appellant’s motion for nonsuit as a motion to dismiss the appeal. Having considered the documents on file and appellant’s motion, this Court is of the

opinion that the motion should be granted, and the appeal should be dismissed. See TEX.

R. APP. P. 42.3(a). We hereby dismiss the appeal. Costs will be assessed against

appellant. See id. R. 42.1(d) (“Absent agreement of the parties, the court will tax costs

against the appellant.”). Having dismissed the appeal pursuant to appellant’s motion, no

motion for rehearing will be entertained, and our mandate will issue forthwith.1

JAIME TIJERINA Justice

Delivered and filed on the 27th day of June, 2024.

1 Appellant’s amended motion for leave requesting to file his untimely brief is hereby granted.