Court of Civil Appeals of Texas, 2011

Loggins Logistics, Inc., and Scott Baird v. Bradley Garren, Individually, and as Next Friend of Olivia Garren, a Minor

Loggins Logistics, Inc., and Scott Baird v. Bradley Garren, Individually, and as Next Friend of Olivia Garren, a Minor
Court of Civil Appeals of Texas · Decided May 19, 2011

Loggins Logistics, Inc., and Scott Baird v. Bradley Garren, Individually, and as Next Friend of Olivia Garren, a Minor

Opinion

 

 

 

 

 

 

 

 

 

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-11-00027-CV

                                                ______________________________

 

 

            LOGGINS LOGISTICS, INC., AND SCOTT BAIRD, Appellants

 

                                                                V.

 

      BRADLEY GARREN, INDIVIDUALLY, AND AS NEXT FRIEND OF

OLIVIA GARREN, A MINOR, Appellee

 

 

                                                                                                  

 

 

                                      On Appeal from the 202nd Judicial District Court

                                                             Bowie County, Texas

                                                      Trial Court No. 10C1130-202

 

                                                                                                  

 

 

 

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss


                                                      MEMORANDUM OPINION

 

            Loggins Logistics, Inc., and Scott Baird, appellants, and Bradley Garren, individually, and as next friend of Olivia Garren, a minor, appellee, have filed with this Court a joint motion to dismiss the pending appeal in this matter.  The parties represent to this Court that the case has been settled and that the trial court approved the minor’s settlement May 9, 2011.  In such a case, no real controversy exists.

            We grant the motion and dismiss this appeal.

 

 

           

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

 

Date Submitted:          May 18, 2011 

Date Decided:             May 19, 2011

 

 

 

 

t:200%'>            Counsel mailed a copy of the brief and a letter to McLendon September 28, 2011, informing McLendon of her right to file a pro se response and of her right to review the record.  No response has been filed.  Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal. 

            We have determined that this appeal is wholly frivolous.  We have independently reviewed the clerk’s record and the reporter’s record, and find no genuinely arguable issue.  See Halbert v. Michigan, 545 U.S. 605, 623 (2005).   We, therefore, agree with counsel’s assessment that no arguable issues support an appeal.  See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). 

            We affirm the judgment of the trial court.[1]

 

 

 

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

 

Date Submitted:          November 30, 2011   

Date Decided:             December 14, 2011

 

Do Not Publish          

 

 

 

 

 

 



[1]Since we agree this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request to withdraw from further representation of appellant in this case.  No substitute counsel will be appointed.  Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, appellant must either retain an attorney to file a petition for discretionary review or appellant must file a pro se petition for discretionary review.  Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing or for en banc reconsideration was overruled by this Court.  See Tex. R. App. P. 68.2.  Any petition for discretionary review must be filed with the clerk of the Texas Court of Criminal Appeals.  See Tex. R. App. P. 68.3. (amended by the Texas Court of Criminal Appeals Misc. Docket No. 11-104, effective Sept. 1, 2011).  Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 68.4.

 

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