Kazim Oladotun Oyenuga v. Adedoyin Anne Oyenuga

• Court: Court of Appeals of Texas
• Decided: June 16, 2015
• Docket: 12-14-00187-CV
• Status: Published

Opinion

ACCEPTED 12-14-00187-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 6/16/2015 4:11:03 PM CATHY LUSK CLERK

Case No. 12-14-00187-CV __________________________________________________________________ FILED IN 12th COURT OF APPEALS IN THE COURT OF APPEALS TYLER, TEXAS 6/16/2015 4:11:03 PM TWELFTH DISTRICT OF TEXAS CATHY S. LUSK Clerk ______________________________________________________________________________

KAZIM OLADOTUN OYENUGA, Appellant

v.

ADEDOYIN ANNE OYENUGA, Appellee. ______________________________________________________________________________

Appealed from the 296th Judicial District Court of Collin County, Texas Trial Court Cause Number 296-54330-2013 The Honorable John Roach, Presiding __________________________________________________________________

KAZIM OLADOTUN OYENUGA’S SECOND MOTION FOR VOLUNTARY DISMISSAL __________________________________________________________________

Niles Illich SBOT: 24069969 The Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Suite 400 Dallas, Texas 75202 Direct: (972) 802−1788 Facsimile: (972) 236−0088 Email: Niles@appealstx.com Counsel for Kazim Oladotun Oyenuga Kazim Oyenuga asks this Court to grant him a voluntary dismissal of his

appeal under Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure.

Introduction

1. Kazim Oyenuga is the Appellant and Adedoyin Anne Oyenuga is the

Appellee. This appeal concerns the division of property following a divorce.

2. Appellant was tried in the 296th Judicial District Court of Collin County.

3. Appellant filed a notice of appeal on June 11, 2014. Appellee did not file a

notice of appeal or a notice of cross-appeal.

4. In November 2014, Appellant instructed his attorney to file a motion to

dismiss this appeal. Appellant subsequently decided to continue with the appeal

and instructed his counsel to attempt to withdraw the motion for voluntary

dismissal. This Court did not grant the motion to dismiss and permitted the appeal

to go forward.

5. Appellant is aware that his attorney will refuse to file another motion to

withdraw a motion for voluntary dismissal. Appellant’s counsel is convinced that

Appellant wishes to dismiss this appeal or counsel would not file this motion.

Argument and Authorities

6. There is no specified deadline to file a motion for voluntary dismissal. 1

1 TEX. R. APP. P. 44.2.

2 7. Rule 42.1(a)(1) permits an Appellant to file a motion requesting voluntary

dismissal and an appellate court to “dismiss the appeal or affirm the appealed

judgment or order unless such disposition would prevent a party from seeking

relief to which it would otherwise be entitled.”2

8. An appellant is not required to explain his motivation for requesting the

voluntary dismissal nor is he required to sign the motion. 3 But Appellant has asked

his attorney to explain to the Court that he merely wishes to put this marriage

behind him and to “move on with his life,” even at the expense of what he

perceives to be a legally-improper division of the marital property.

Prayer and Conclusion

9. Kazim Oyenuga requests that this Court grant his Motion for Voluntary

Dismissal.

2 Id. at 42.1(a)(1). 3 See generally id. (not requiring a party to show cause for seeking dismissal and signature requirement relates only to criminal appeals). 3 Respectfully Submitted,

/s/ Niles Illich Niles Illich The Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Street Suite 400 Dallas, Texas 75202-4518 Direct: (972) 802-1788 Fax: (972) 236-0088 Cell: (713) 320-9883 Email: Niles@appealstx.com Counsel for Kazim Oladotun Oyenuga

CERTIFICATE OF CONFERENCE

Counsel for Kazim Oyenuga has not conferred on this motion with counsel

for Adedoyin Anne Oyenuga. A conference has not occurred on this Motion

because counsel does not believe that it is necessary as Kazim Oyenuga is the

appellant and is surrendering his appeal.

/s/ Niles Illich Niles Illich

CERTIFICATE OF COMPLIANCE

This is to certify that this motion is in accordance with Rule 9.4 of the Texas

Rules of Appellate Procedure. This motion is presented in Times New Roman font,

size 14 and contains 642 words.

4 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above styled and

captioned Notice of Appearance was served in accordance with Rule 9.5 of the

Texas Rules of Appellate Procedure on the 16th day of June, 2015 as follows:

ELECTRONIC SERVICE Mr. Stacy Dunlop 2214 Main Street Dallas, Texas 75201