Reynaldo Robledo v. Idalia M. Robledo

• Court: Court of Appeals of Texas
• Decided: July 10, 2015
• Docket: 01-15-00083-CV
• Status: Published

Opinion

ACCEPTED 01-15-00083-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/10/2015 8:41:01 AM CHRISTOPHER PRINE CLERK

NO: 01-15-00083-CV

FILED IN IN THE FIRST COURT OF APPEALS OF TEXAS 1st COURT OF APPEALS HOUSTON, TEXAS 7/10/2015 8:41:01 AM CHRISTOPHER A. PRINE REYNALDO ROBLEDO, Appellant Clerk

VS.

IDALIA M. ROBLEDO., Appellee

MOTION TO WITHDRAW NOTICE OF APPEAL

TO THE HONORABLE COURT OF APPEALS:

REYNALDO ROBLEDO, appellant in this cause, files this motion to withdraw

his notice of appeal that was filed on January 21, 2015 and in support of such motion

shows:

On December 23, 2014, the trial court signed a final judgment in cause number

2013-03363 in the 312TH DISTRICT COURT of Harris County, Texas.

On January 21, 2015, appellant timely filed a motion for new trial.

On February 9th , 2015, after the notice of appeal was filed, the trial court granted,

in part and within its plenary power, appellant’s timely filed motion for new trial.

On June 9th and June 11th , of 2015, the trial court tried the issue of periodic child

support, as per the specific issue on which the new trial was granted. The Court further

made its rendition on June 11th , 2015 and has set the entry of its new judgment for July

21, 2015.

The District Clerk has listed the status of said case as on appeal and wishes to have the appeal dismissed, before it enters the final judgment. Your appellant is in agreement.

Appellant does not wish to appeal the trial court’s new final judgment.

WHEREFORE, appellant prays the court grant this motion and order the dismissal

of his appeal in this cause.

Respectfully submitted,

__/S/_JOSE CANTU, JR.____ Jose Cantu, Jr.. Attorney for Appellant SBN: 03767400 3801 Barnett St. Houston, Texas 77012-3019 (713) 645-0303 (office) (713) 645-1117 (facsimile)

APPELLANT’S CERTIFICATE OF CONFERENCE

The undersigned attorney for the appellant certifies that as of July 9 th, 2015, there

is no opposing counsel, but has notified opposing counsel in the trial court of his

intentions to which she does not object.

____/S?__JOSE CANTU, JR._____ Jose Cantu, Jr..

CERTIFICATE OF SERVICE

The undersigned attorney for the appellant certifies that a copy of this motion to

withdraw notice of appeal and re-designate the status of the parties was served on the following counsel for all parties to the trial court’s judgment on the 9th day of July,

2015, as follows:

Ms. Kathleen M. Vossler, Attorney at Law 2209 Union St. Houston, Texas 7707 Attorney for Idalia M. Robledo By: facsimile to (713) 868-1445

___/S/_JOSE CANTU, JR.____ Jose Cantu, Jr..