Court of Civil Appeals of Texas, 2023

Taiwo Ayorinde v. Opeyemi Akinyele

Taiwo Ayorinde v. Opeyemi Akinyele
Court of Civil Appeals of Texas · Decided March 1, 2023

Taiwo Ayorinde v. Opeyemi Akinyele

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00003-CV IN THE MATTER OF THE MARRIAGE OF OPEYEMI AKINYELE AND TAIWO AYORINDE AND IN THE INTEREST OF E.A. AND J.A., Children From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2021CI26444 Honorable Martha Tanner, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios Justice Beth Watkins, Justice Delivered and Filed: March 1, 2023 MOTION GRANTED; APPEAL DISMISSED Appellant Taiwo Ayorinde filed a notice of appeal challenging a final judgment signed on October 5, 2022. On January 27, 2023, Ayorinde filed a letter informing the court it had his “permission to dismiss the appeal.” We notified him we construed his letter as a motion requesting voluntary dismissal of this appeal pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). See TEX. R. APP. P. 42.1(a)(1) (stating court may dismiss appeal on appellant’s motion). We ordered Ayorinde to file a response by February 21, 2023, if he was not seeking voluntary dismissal of his appeal. We cautioned him if we did not receive a response by that date, we would act on the motion and dismiss the appeal. See id. R. 2, 42.1(a)(1). Ayorinde has not filed a response. Accordingly, we grant Ayorinde’s motion and dismiss the appeal. See Miller v. Hooker, No. 07-21-00054-CV, 04-23-00003-CV

2021 WL 2189019, at *1 (Tex. App.—Amarillo May 28, 2021, no pet.) (mem. op.) (construing letter filed by appellant as motion requesting voluntary dismissal and dismissing appeal).

PER CURIAM

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