Matthew Kunkel v. Accelerated Inventory Management, LLC ( 2022 )


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  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-22-00690-CV
    Matthew KUNKEL,
    Appellant
    v.
    ACCELERATED INVENTORY MANAGEMENT, LLC,
    Appellee
    From the County Court at Law No. 10, Bexar County, Texas
    Trial Court No. 2022CV03570
    Honorable J. Frank Davis, Judge Presiding
    PER CURIAM
    Sitting:          Luz Elena D. Chapa, Justice
    Irene Rios, Justice
    Beth Watkins, Justice
    Delivered and Filed: December 7, 2022
    MOTION GRANTED; APPEAL DISMISSED
    Appellant Matthew Kunkel filed a notice of appeal challenging a final judgment signed on
    October 6, 2022. On October 28, 2022, appellant filed a letter informing us he would “not be
    moving forward with the appeal process.” We notified Kunkel we construed his letter as a motion
    requesting voluntary dismissal of this appeal pursuant to Texas Rule of Appellate Procedure
    42.1(a)(1). See TEX. R. APP. P. 42.1(a)(1) (stating court may dismiss appeal on appellant’s
    motion). We also ordered Kunkel to file a response by November 14, 2022, if he was not seeking
    voluntary dismissal of his appeal, and we cautioned him if we did not receive a response by that
    04-22-00690-CV
    date, we would act on the motion and dismiss the appeal. See id. R. 2, 42.1(a)(1). Kunkel has not
    filed a response. Accordingly, we grant Kunkel’s motion and dismiss the appeal. See Miller v.
    Hooker, No. 07-21-00054-CV, 
    2021 WL 2189019
    , at *1 (Tex. App.—Amarillo May 28, 2021, no
    pet.) (mem. op.) (construing letter filed by appellant as motion requesting voluntary dismissal and
    dismissing appeal).
    PER CURIAM
    -2-
    

Document Info

Docket Number: 04-22-00690-CV

Filed Date: 12/7/2022

Precedential Status: Precedential

Modified Date: 12/13/2022