ACCEPTED 05-18-00520-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/5/2018 9:15 AM LISA MATZ CLERK NO. 05-18-00520-CV IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS FILED IN DALLAS, TEXAS 5th COURT OF APPEALS ************************k****** DALLAS, TEXAS 6/5/2018 9:15:21 AM BRIM V MAGEE-BRIM LISA MATZ ****************************** Clerk

APPEAL FROM THE 3821“) JUDICIAL DISTRICT COURT ROCKWALL COUNTY, TEXAS TRIAL COURT NO. 1-16-0470 **a«4c~.I:i:1c—J:-.vuw:****:u:**~:=**~J¢*****9:*

MOTION TO DISMISS APPEAL TO THE HONORABLE FIFTH COURT OF APPEALS: Appellant asks the Court to Dismiss the Appeal. Appellant asks this of the Court prior to the filing of Appellant’s Brief, in order to avoid additional costs.

A. Introduction 1. APPELLEE is Kellye Renee Magee- Brim; APPELLANT is Arthur Lloyd Brim 2. No rule provided a deadline to file this motion to dismiss. See, Wcilker V. Cleer, 174 S.W.2d 956. 059 (Tex. 1943); Meeks V. Walker, 783 S.W.2d 823 (Tex. App.-Fort Worth, 199, no writ).

3. Appellee has not been served with notice of this appeal.

B. Argument and Authorities 4. The Court has the Authority to dismiss an appeal if there is no longer an issue in controversy as Appelant cares not to prosecute this appeal. See Heckman V Williamson Cty., 369 S.W. 3d 137, l54 (Tex. 2012); Tex, A & M Uni.-Kingville V Yarbrough, 347 S.W. 3d 289, 291 (Tex. 2011) 5. This is no reporter’s record on file.

6. Appellant requests that the Court dismiss the appeal in its entirety

C. Conclusion Appellant Arthur Lloyd Brim requests the Court to dismiss this appeal in whole. Pursuant to TRAP 42.1 D. Prayer For these reasons, Appellant asks the Court to dismiss this appeal in whole.

Respectfully submitted,

By: %%%</ E. odman , /W/ T xas B 0. 24029581 P.O. BOX 398 ROCKWALL, TEXAS 75087 Tel. (972)772-4140 Fax. (972)772-5606 Attorney for Appellant

CERTIFICATE OF SERVICE I certify that on June 4, 2018 a true and correct copy of MOTION TO DISMISS APPEAL was served by efile or facsimile on the following.