Allan C. Tate and Deb Tate Spencer v. Larrison Construction, Inc. and Safeco Insurance Company of America ( 2009 )
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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-277-CV
ALLAN C. TATE AND DEB TATE APPELLANTS
SPENCER
V.
LARRISON CONSTRUCTION, INC. APPELLEES
AND SAFECO INSURANCE
COMPANY OF AMERICA
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FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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Appellants Allan C. Tate and Deb Tate Spencer filed a notice of appeal of the trial court’s final judgment dated March 27, 2008. On January 21, 2009, this court granted the “Motion to Withdraw As Counsel” filed by Appellants’ counsel and ordered that Appellants’ brief be due March 9, 2009. On February 11, 2009, Appellants, acting pro se, notified this court by a signed letter that they “elect to not . . . pursue an appeal of this case.” (footnote: 2) We construe this document as a motion to dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). Tex. R. App. P. 42.1(a)(1). Having considered the motion, it is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f).
Costs of the appeal shall be incurred by the party incurring the same, for which let execution issue. See Tex. R. App. P. 43.4.
PER CURIAM
PANEL: MEIER, J.; CAYCE, C.J.; and MCCOY, J.
DELIVERED: June 18, 2009
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
Appellants also elected not to file an appellate brief.
Document Info
Docket Number: 02-08-00277-CV
Filed Date: 6/18/2009
Precedential Status: Precedential
Modified Date: 9/4/2015