Judgment rendered January 22, 2025.

Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 56,199-JAC COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

***** IN RE: EKUGBERE OWEN OWHE AND DIANA SHERMAINE COOPER APPLYING FOR INTRAFAMILY ADOPTION OF K.A.L.C. AND Z.A.L.C.

***** Appealed from the Fourth Judicial District Court Parish of Ouachita, Louisiana Trial Court No. A-4372 Honorable Sharon I. Marchman, Judge *****

THE BRYAN LAW FIRM Counsel for Appellants, By: Douglas Lee Bryan Ekugbere Owen Owhe and Diana Shermaine Cooper EKUGBERE OWEN OWHE In Proper Person DIANA SHERMAINE COOPER In Proper Person ODOM-SASKA ADOPTIONS, LLC Counsel for Appellees, By: Terri Hoover Odom K.A.L.C and Z.A.L.C.

***** Before PITMAN, THOMPSON, and ELLENDER, JJ.

NOT DESIGNATED FOR PUBLICATION Rule 2-16.3, Uniform Rules, Courts of Appeal.

ELLENDER, J.

Ekugbere Owhe (“Owhe”) and his wife, Diana Cooper (“Cooper”), appeal the trial court’s ruling denying their petition seeking Owhe’s adoption of Cooper’s 12-year-old twin daughters, K.C. and Z.C. The petition for adoption was filed on February 14, 2023, counsel was subsequently appointed for the children, and a hearing to determine whether the adoption was in the best interest of the children was ultimately held on May 13, 2024. After the hearing, the trial court denied appellants’ request, stating it believed Owhe’s primary reason for seeking to adopt K.C. and Z.C. was to facilitate a positive outcome in his pending immigration proceedings.

Owhe and Cooper appealed the trial court’s ruling, the record was lodged, and the case was deemed submitted to this court without oral argument on January 13, 2025. Later this same day, Owhe and Cooper electronically filed an ex parte motion asking this court to dismiss their appeal with prejudice.

DISCUSSION Where there has been no timely answer to the appeal, or other formal action to amend or modify the judgment appealed by any other party, the appellant may, by ex parte motion, request that the appeal be dismissed.

The appeal shall be dismissed only by order of the court. U.R.C.A. Rule 2- 8.4. In the instant appeal, no answer has been filed, nor have appellees sought to amend or modify the judgment on appeal. Accordingly, we grant appellants’ ex parte motion to dismiss their appeal. Any consideration of the assignments of error made by appellants is pretermitted as moot.

CONCLUSION For the above and foregoing reasons, the motion to dismiss the appeal is granted, and Ekugbere Owhe and Diana Cooper’s appeal of the trial court’s May 13, 2024, judgment denying their petition for adoption is dismissed with prejudice. Costs of this appeal are assessed against appellants.

APPEAL DISMISSED.