Court of Civil Appeals of Texas, 2002

John Richmond Phillips v. State

John Richmond Phillips v. State
Court of Civil Appeals of Texas · Decided June 21, 2002

John Richmond Phillips v. State

Opinion

NO. 07-01-0443-CR

07-01-0444-CR

07-01-0445-CR



IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL A


JUNE 21, 2002



______________________________




JOHN RICHMOND PHILLIPS, APPELLANT


V.


THE STATE OF TEXAS, APPELLEE




_________________________________


FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;


NO. 43,736-E; 43,962-E; 43,963-E HONORABLE ABE LOPEZ, JUDGE


_______________________________


Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

Appellant John Richmond Phillips filed a Motion to Dismiss Appeal on June 17, 2002, averring that he no longer wishes to prosecute his appeals. The Motion to Dismiss is signed by both appellant and his attorney.

Without passing on the merits of the case, appellant's motion for voluntary dismissal is granted and the appeals are hereby dismissed. Tex. R. App. P. 42.2. Having dismissed



the appeals at appellant's personal request, no motion for rehearing will be entertained and our mandate will issue forthwith.





Phil Johnson

Justice

























Do not publish.





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NO. 07-10-00399-CV

 

IN THE COURT OF APPEALS

 

FOR THE SEVENTH DISTRICT OF TEXAS

 

AT AMARILLO

 

PANEL A

 

JANUARY 13, 2011

 

 

K. KYLE LEWIS, APPELLANT

 

v.

 

WACHOVIA FINANCIAL SERVICES, INC., APPELLEE

 

 

 FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY;

 

NO. 236-242-52909; HONORABLE THOMAS W. LOWE III, JUDGE

 

 

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

 

 

ON MOTION TO DISMISS

Appellant K. Kyle Lewis filed a motion to dismiss his appeal on December 20, 2010. The motion includes a certificate of conference but according to the certificate counsel for Lewis was unable to confer with counsel for appellee Wachovia Financial Services, Inc.  We therefore withheld determination of Lewis’s motion until the passage of ten days.  Tex. R. App. P. 10.1(a)(5),10.3(a)(2).  Wachovia filed no response to Lewis’s motion.

The motion to dismiss is granted and the appeal is dismissed.  Tex. R. App. P. 42.1(a)(1).  The motion does not indicate an agreement of the parties with regard to the allocation of costs of the appeal.  We therefore tax costs of the appeal against Lewis. Tex. R. App. P. 42.1(d).

Having dismissed the appeal at the request of Lewis, we will entertain no motion for rehearing, and our mandate will issue forthwith.

 

                                                                                                James T. Campbell

                                                                                                            Justice

           


 

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