Reynaldo Robledo v. Idalia M. Robledo

Opinion

Opinion issued July 16, 2015

In The

Court of Appeals

For The

First District of Texas

within its plenary power, appellant’s timely-filed motion for new trial, because he

does not intend to appeal the new judgment. The motion contains a certificate of

conference indicating that the appellee’s counsel has been contacted and does not

oppose this motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). No other party has

filed a notice of appeal and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1),

(c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1), 43.2(f). We construe this motion to include a motion to expedite the

mandate and direct the Clerk of this Court to issue the mandate within three days

of the date of this opinion. See id. at 18.1(c).

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Massengale.

Footnotes

1. NO. 01-15-00083-CV ——————————— REYNALDO ROBLEDO, Appellant V. IDALIA M. ROBLEDO, Appellee On Appeal from the 312th Judicial District Court Harris County, Texas Trial Court Cause No. 2013-03363 MEMORANDUM OPINION Appellant, Reynaldo Robledo, has filed a motion to withdraw his notice of appeal, which we construe as a motion to dismiss his appeal. See TEX. R. APP. P. 42.1(a)(1). Appellant seeks dismissal of the appeal before the trial court’s entry of a final judgment set for July 21, 2015, after the trial court had granted, in part and