Peter Payne, Mary Beth Payne, David Howard, Oksana Howard, Christina Childres, Donna Harris, and Melvin Harris v. the City of Frisco

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13-00446-CV

PETER PAYNE, MARY BETH APPELLANTS PAYNE, DAVID HOWARD, OKSANA HOWARD, CHRISTINA CHILDRES, DONNA HARRIS, AND MELVIN HARRIS

V.

THE CITY OF FRISCO APPELLEE

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FROM THE 431ST DISTRICT COURT OF DENTON COUNTY TRIAL COURT NO. 2011-70650-431

MEMORANDUM OPINION 1 AND JUDGMENT ------------

On July 24, 2014, we ordered Appellants to file a jurisdictional brief, no

later than August 13, 2014, addressing the complicated procedural history of this

case and whether we have jurisdiction over the purported appeal. On September

4, 2014, we notified Appellants that their jurisdictional brief had not been filed and

1 See Tex. R. App. P. 47.4. informed them that we could dismiss the appeal unless they or any party desiring

to continue this appeal filed with the court within ten days a response showing

grounds for continuing the appeal. See Tex. R. App. P. 42.3, 44.3. On

September 18, 2014, Appellants filed an unopposed motion to dismiss. See Tex.

R. App. P. 42.1(a)(1). We grant the motion and dismiss the appeal. 2 See Tex.

R. App. P. 43.2(f). We tax costs against Appellants, for which let execution

issue. See Tex. R. App. P. 42.1(d), 43.4.

PER CURIAM

PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DELIVERED: October 9, 2014

2 Appellee also filed a motion to dismiss the appeal based on Appellants’ failure to file a jurisdictional brief and failure to respond to our September 4, 2014 notice. See Tex. R. App. P. 42.3(b), (c). Based on Appellants’ motion, we need not decide Appellee’s motion to dismiss.