in the Matter of the Marriage of Melvin Wayne Sellers and Shannon Joyce Keating and in the Interest of Patsy M. Sellers, a Child
in the Matter of the Marriage of Melvin Wayne Sellers and Shannon Joyce Keating and in the Interest of Patsy M. Sellers, a Child
Opinion
Before QUINN and REAVIS and CAMPBELL, JJ.
Appellant Melvin Wayne Sellers perfected this appeal challenging the trial court's order (1) dismissing with prejudice his petition for divorce from Shannon Joyce Keating for insufficient evidence of a common law marriage, (2) dividing the property, and (3) terminating the parent-child relationship between him and Patsy M. Sellers pursuant to his voluntary affidavit of relinquishment. The clerk's record and reporter's record have been filed.
On December 22, 2004, Vera C. Bennett, counsel for Shannon, was permitted to withdraw as attorney of record, and by order dated January 10, 2005, Samuel M. George, counsel for Melvin, was also permitted to withdraw. This Court notified Melvin by letter that his brief was due November 19, 2004, but had yet to be filed. Melvin was directed to file a response reasonably explaining the failure with a showing that Shannon had not been significantly injured by the delay by January 28, 2005, noting that failure to do so might result in dismissal of the appeal per Rule 38.8(a) of the Texas Rules of Appellate Procedure. Melvin did not respond and the brief remains outstanding.
Accordingly, we dismiss the appeal for want of prosecution and failure to comply with a directive of this Court. See Tex. R. App. P. 38.8(a)(1) and 42.3(b) & (c).
Don H. Reavis
Justice
NO. 07-09-0185-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
NOVEMBER 15, 2010
DESHAZO-GEORGE POST #68 -- AMERICAN LEGION, APPELLANT
V.
TEXAS ALCOHOLIC BEVERAGE COMMISSION, APPELLEE
FROM THE 31ST DISTRICT COURT OF WHEELER COUNTY;
NO. 12,285; HONORABLE STEVEN EMMERT, JUDGE
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Pending before this Court is Appellant's Motion To Dismiss Appeal in which he represents he no longer wishes to pursue this appeal. Without passing on the merits of the case, Appellant's motion is granted and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). Having dismissed the appeal at Appellant's request, no motion for rehearing will be entertained and our mandate shall issue forthwith.
Patrick A. Pirtle
Justice
Case-law data current through December 31, 2025. Source: CourtListener bulk data.