Jimmie A. Franklin and David C. Cowden v. Jacqueline Chatto

• Court: Court of Appeals of Texas
• Decided: January 16, 2025
• Docket: 02-23-00265-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00265-CV ___________________________

JIMMIE A. FRANKLIN AND DAVID C. COWDEN, Appellants

V.

JACQUELINE CHATTO, Appellee

On Appeal from County Court at Law No. 2 Tarrant County, Texas Trial Court No. 2020-004836-2

Before Sudderth, C.J.; Bassel and Wallach, JJ. Memorandum Opinion on Rehearing by Justice Bassel MEMORANDUM OPINION ON REHEARING AND JUDGMENT

After issuing our opinion and judgment on October 3, 2024, Appellee

Jacqueline Chatto filed a motion to modify the judgment, and Appellants Jimmie A.

Franklin and David C. Cowden filed a motion for rehearing and a motion for en banc

reconsideration. Chatto filed a motion for extension of time to respond to Appellees’

motions, and we granted her an extension. The parties then filed a joint motion to

abate, and we granted that motion.

The parties have now filed a joint motion to dismiss the appeal and seek to

have this court withdraw our October 3, 2024 opinion. Accordingly, we grant the

parties’ joint motion to dismiss this appeal; we withdraw our October 3, 2024 opinion

and vacate our October 3, 2024 judgment; and we substitute this memorandum

opinion in its place. See Tex. R. App. P. 42.1(c). We dismiss any pending motions as

moot.

/s/ Dabney Bassel Dabney Bassel Justice

Delivered: January 16, 2025