Tommie Allen Ringo v. State ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-13-00545-CV
NO. 09-13-00546-CV
NO. 09-13-00547-CV
NO. 09-13-00548-CV
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TOMMIE ALLEN RINGO, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the 1A District Court
Jasper County, Texas
Trial Cause Nos. 33434, 33437, 33440, and 33441
________________________________________________________ _____________
MEMORANDUM OPINION
On September 27, 2013, the trial court signed orders granting Tommie Allen
Ringo’s petitions for expunction in case numbers 33434, 33437, 33440, and 33441.
We remanded the appeals to the trial court for a determination of the date on which
the appellant received notice that the orders had been signed. See Tex. R. Civ. P.
306a(5), Tex. R. App. P. 4.2(c). Ringo appeared at the hearing through telephonic
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transmission. During the hearing, Ringo stated that he did not wish to pursue his
appeals in these four cases. The trial court found that Ringo first received notice
that the orders had been signed on November 15, 2013, more than twenty days
after the notice period; that Ringo filed notices of appeal sixty-six days after the
orders were signed; that Ringo does not desire to pursue his appeals; and that no
other party filed a notice of appeal in case numbers 33434, 33437, 33440, and
33441. The appellate records have been supplemented with a transcript of the
hearing and the trial court’s findings.
Because the appellant stated in open court that he did not wish to pursue his
appeals, we apply Rule 2 to suspend the requirement of the filing of a written
motion to dismiss the appeals, and accept the appellant’s testimony before the trial
court as a motion for voluntary dismissal of the appeals. See Tex. R. App. P. 2,
42.1(a); see also Livesay v. Wellogix, Inc., No. 01-02-01138-CV, 2003 WL
139730, at *1 (Tex. App.—Houston [1st Dist.] Jan. 9 2003, no pet.) (mem. op.)
(accepting correspondence regarding settlement and proposed order from appellee
as a motion for voluntary dismissal under Rule 42.1(a)(1)). No other party filed a
notice of appeal in trial court case numbers 33434, 33437, 33440, and 33441. We
dismiss the appeals.
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APPEALS DISMISSED.
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STEVE McKEITHEN
Chief Justice
Opinion Delivered March 27, 2014
Before McKeithen, C.J., Kreger and Horton, JJ.
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