Mary Spikes F/K/A Mary Spikes Edwards v. Caliber Properties, Inc.

• Court: Court of Appeals of Texas
• Decided: December 13, 2006
• Docket: 07-06-00384-CV
• Status: Published

Opinion

NO. 07-06-0384-CV IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

DECEMBER 13, 2006

______________________________

MARY SPIKES F/K/A MARY SPIKES EDWARDS,

Appellant

V.

CALIBER PROPERTIES, INC.,

Appellee

_________________________________

FROM THE COUNTY COURT AT LAW NO. 1 OF JEFFERSON COUNTY;

NO. 105249; HONORABLE ALFRED S. GERSON, PRESIDING _______________________________

ORDER DISMISSING APPEAL

_______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant, by and through her attorney, has filed an unopposed motion to dismiss because she no longer desires to pursue this appeal. Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn

Chief Justice

ents.

On January 25, 2002, the Honorable Cecil G. Puryear, Judge of the 137th District Court of Lubbock County denied Brann's application for a writ of habeas corpus. Although this Court has appellate jurisdiction over criminal habeas matters, see Denby v. State, 627 S.W.2d 435 (Tex.App.-Houston [1st Dist.] 1981, orig. proceeding), cert. denied, 462 U.S. 1110, 103 S.Ct. 2461, it is still necessary to file a timely notice of appeal to invoke our jurisdiction. See Tex. R. App. P. 25.2(a) and 26.2(a). No notice of appeal was filed from Judge Puryear's order and the time for doing so has lapsed.

Brann also requests that we grant him an out-of-time appeal; however, Brann may have a remedy by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time appeal. Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2003).

Accordingly, Brann's motion for rehearing is overruled.

Don H. Reavis

Justice

Do not publish.

1.

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.