Tower Oaks Community Organization v. Gregory D. Ham and Colin E. Ham

• Court: Court of Appeals of Texas
• Decided: May 23, 2017
• Docket: 01-16-00913-CV
• Status: Published

Opinion

Memorandum Order issued May 23, 2017

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-16-00913-CV ———————————— TOWER OAKS COMMUNITY ORGANIZATION, Appellant V. GREGORY D. HAM AND COLIN E. HAM, Appellees

On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2015-52753

MEMORANDUM ORDER Appellant, Tower Oaks Community Organization, timely filed a notice of

appeal on November 14, 2016, from the trial court’s final judgment, signed on

August 18, 2016, following a bench trial, and after a timely request for findings of

fact and conclusions of law was filed on September 7, 2016. See TEX. R. APP. P. 26.1(a)(4). Appellees, Gregory D. Ham and Colin E. Ham, timely filed an

amended cross-notice of appeal on November 17, 2016, from the order denying

their motion for sanctions, signed on August 18, 2016. See id. 26.1(d).

On May 12, 2017, appellees filed an unopposed motion to dismiss their

cross-appeal because they no longer wish to pursue it, contending that their

dismissal will not prejudice the appellant’s appeal, and further requesting that all

costs be assessed against the party incurring the same. See TEX. R. APP. P.

10.1(a)(5), 10.3(a)(2), 42.1(a)(1), (d). No opinion has issued yet. See id. 42.1(c).

Accordingly, we GRANT appellees’ motion and ORDER the cross-appeal

DISMISSED. See TEX. R. APP. P. 42.1(a)(1). Appellant’s appeal remains

pending before this Court, and costs will be assessed upon issuance of judgment.

PER CURIAM Panel consists of Chief Justice Radack and Justices Keyes and Massengale.