James Eldon Whitman v. John Drew and Amy Drew
This text of James Eldon Whitman v. John Drew and Amy Drew (James Eldon Whitman v. John Drew and Amy Drew) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-15-00186-CV
JAMES ELDON WHITMAN, APPELLANT
V.
JOHN DREW AND AMY DREW, APPELLEES
On Appeal from the 46th District Court Foard County, Texas Trial Court No. 4789, Honorable Dan Mike Bird, Presiding
May 13, 2015
MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ.
On May 6, 2015, appellant, James Eldon Whitman, filed a motion to dismiss his
appeal that complies with the requirements of Texas Rule of Appellate Procedure
42.1(a)(1). No decision of this Court having been delivered to date and without passing
on the merits of the appeal, we grant the motion and dismiss appellant’s appeal. See
TEX. R. APP. P. 42.1(a)(1). While appellant requests that costs be assessed against the
party incurring them, there is no indication in the motion that such an arrangement has
been agreed to by the parties. As such, costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d). If dismissal will prevent appellees from seeking relief to which they
would otherwise be entitled, the Court directs appellees to file a timely motion for
rehearing. No motion for rehearing from appellant will be entertained.
Mackey K. Hancock Justice
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