Tracy B. Brown v. Discover Bank

• Court: Court of Appeals of Texas
• Decided: March 14, 2023
• Docket: 14-22-00875-CV
• Status: Published

Opinion

Motion Granted, Appeal Dismissed, and Memorandum Opinion filed March 14, 2023.

In The

Fourteenth Court of Appeals

NO. 14-22-00875-CV

TRACY B. BROWN, Appellant

V.

DISCOVER BANK, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 1171608

MEMORANDUM OPINION

This is an appeal from a judgment signed August 5, 2022. On February 20, 2023, appellant filed a motion to dismiss the appeal “without prejudice.” The Texas Rules of Appellate Procedure speak only of dismissal of an appeal; neither “with prejudice” nor “without prejudice” is appended to the word “dismissal.” See Tex. R. App. P. 42.1. We construe the motion as one for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). So construed, the motion is granted, and the appeal is dismissed.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Bourliot and Wilson.