Leticia Nohemi Aviles Lopez v. Murray C. Bay

• Court: Court of Appeals of Texas
• Decided: July 25, 2024
• Docket: 01-24-00058-CV
• Status: Published

Opinion

Opinion issued July 25, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00058-CV ——————————— LETICIA AVILES LOPEZ, Appellant V. MURRAY C. BAY, Appellee

On Appeal from the 308th District Court Harris County, Texas Trial Court Case No. 2014-57308

MEMORANDUM OPINION

On January 18, 2024, appellant, Leticia Aviles Lopez, filed a notice of appeal

from the trial court’s December 22, 2023 final order in the suit to modify the parent-

child relationship between appellant and appellee, Murray C. Bay. On June 21,

2024, appellant filed a “Motion to Dismiss Appeal and [Expedite] Issue of Mandate.” In her motion, appellant “request[ed] this Court grant [her] motion and

dismiss this appeal.”

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(2), (c). Appellant’s motion does not include a certificate of

conference stating that appellant conferred, or made a reasonable attempt to confer,

with appellee regarding the relief requested in the motion. See TEX. R. APP. P.

10.1(a)(5). However, more than ten days have passed, and no party has expressed

opposition to appellant’s motion. See TEX. R. APP. P. 10.3(a)(2).

Appellant also requested that the Court expedite and immediately issue its

mandate. However, this Court may only issue a mandate earlier than the time

prescribed by the Texas Rules of Appellate Procedure “if the parties so agree, or for

good cause on the motion of a party.” See TEX. R. APP. P. 18.1(c). Appellant’s

motion does not state that appellee has agreed to the request for immediate issuance

of the mandate, nor does her motion establish good cause for the immediate issuance

of the mandate.

We grant appellant’s motion to the extent it seeks dismissal of the appeal and

dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We deny appellant’s

request for immediate issuance of the mandate and dismiss all other pending motions

as moot.

2 PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra.