Maria Rivera v. Mary Ann Novosad

• Court: Court of Appeals of Texas
• Decided: March 16, 2005
• Docket: 10-03-00084-CV
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-03-00084-CV

Maria Rivera,

                                                                      Appellant

 v.

Mary Ann Novosad,

                                                                      Appellee

From the 12th District Court

Madison County, Texas

Trial Court # 01-9666-012-01

MEMORANDUM Opinion

          Appellant Maria Rivera has filed a motion to dismiss her appeal stating the appeal has now been resolved and the settlement reached is final. 

          This appeal is dismissed.  Tex. R. App. P. 42.1(a)(1).  Costs are taxed against Appellant.  Id. (d).

                                                                   TOM GRAY

                                                                   Chief Justice

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed March 16, 2005

[CV06]

. 27.1(b). According to Rule 27.1(b), a premature notice of appeal takes effect in a criminal case “on the same day, but after, . . . the appealable order is signed by the trial court.” Id. We are willing to wait a reasonable time for the trial court to sign an order adjudicating the merits of McIntosh’s motion for DNA testing. See Cravin v. State, No. 01-01-1166-CR, 2002 Tex. App. LEXIS 8494, at *3 (Tex. App.—Houston [1st Dist.] Nov. 27, 2002, no pet. h.) (written order required for post-conviction DNA appeal). But, if a supplemental record containing such an order is not filed with the Clerk of this Court on or before 5:00 p.m. on December 27, 2002, we will dismiss this appeal for want of jurisdiction. See Cook v. Lernout & Hauspie Med. Servs. Div., 68 S.W.3d 285, 286 (Tex. App.—Waco, order), disp. on merits, 76 S.W.3d 203 (Tex. App.—Waco 2002, no pet.).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Gray

      (Justice Gray dissenting)

Order issued and filed December 11, 2002

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