Brandon S. Walters v. Amber Walters

Dismissed and Opinion Filed December 9, 2016

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-01071-CV

BRANDON S. WALTERS, Appellant

V.

AMBER WALTERS, Appellee

On Appeal from the 303rd Judicial District Court Dallas County, Texas

Trial Court Cause No. DF-13-10186 MEMORANDUM OPINION

Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright Appellant’s December 1, 2016 motion to dismiss the interlocutory appeal is GRANTED.

In the motion, appellant requests that “the Court tax costs of the appeal against the party or parties incurring the same.” Nowhere in the motion to dismiss does it indicate that the parties have reached an agreement regarding costs. Appellee did not sign the motion to dismiss.

Accordingly, we will order appellant to bear the costs of the appeal. See TEX. R. APP. P. 42.1(d).

We DISMISS this appeal. See TEX. R. APP. P. 42.1(a)(1).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

161071F.P05 S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

BRANDON S. WALTERS, Appellant On Appeal from the 303rd Judicial District Court, Dallas County, Texas No. 05-16-01071-CV V. Trial Court Cause No. DF-13-10186. Opinion delivered by Chief Justice Wright. AMBER WALTERS, Appellee Justices Lang-Miers and Stoddart participating.

In accordance with this Court’s opinion of this date, we DISMISS this appeal.

We ORDER that appellee AMBER WALTERS recover her costs of this appeal from appellant BRANDON S. WALTERS.

Judgment entered December 9, 2016.