Roy Gentry Clarke v. Rexann Passmore Clarke

• Court: Court of Appeals of Texas
• Decided: September 28, 2023
• Docket: 08-23-00016-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

ROY GENTRY CLARKE, § No. 08-23-00016-CV

Appellant/Cross-Appellee, § Appeal from the

v. § 73rd Judicial District Court

REXANN PASSMORE CLARKE, § of Bexar County, Texas

Appellee/Cross-Appellant. § (TC#2019-CI-07923)

§

MEMORANDUM OPINION

This appeal is before the Court on Appellee/Cross-Appellant’s unopposed motion to waive

and abandon her cross appeal only, which we construe as a motion to voluntarily dismiss the appeal

pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). 1 See TEX. R. APP. P. 42.1(a)(1)

(allowing appellate courts to dismiss an appeal on the motion of the appellant). Costs of the cross-

appeal are taxed against Appellee/Cross-Appellant. TEX. R. APP. P. 42.1(d).

YVONNE T. RODRIGUEZ, Chief Justice

September 28, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.

1 This case was transferred from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. We follow the precedent of the Fourth Court of Appeals to the extent it might conflict with our own. See TEX. R. APP. P. 41.3.