Court of Civil Appeals of Texas, 2023

Donna Nicole Chamberlain v. the State of Texas

Donna Nicole Chamberlain v. the State of Texas
Court of Civil Appeals of Texas · Decided March 16, 2023

Donna Nicole Chamberlain v. the State of Texas

Opinion

NUMBER 13-22-00412-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ DONNA NICOLE CHAMBERLAIN, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 28th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Contreras and Justices Silva and Peña Memorandum Opinion by Chief Justice Contreras This cause is before the Court on appellant’s amended motion to dismiss this appeal. The amended motion was signed by both counsel and the appellant. We find the amended motion meets the requirement of Texas Rule of Appellate Procedure 42.2(a) that appellant and attorney must sign a written motion to dismiss the appeal. See TEX. R. APP. P. 42.2(a).

Additionally, on February 2, 2023, the cause was abated for the trial to determine whether the appellant and/or appellant’s counsel had abandoned the appeal. On February 23, 2023, we received a supplemental clerk’s record which contained defendant’s motion to abandon the appeal and an order granting that motion signed by the trial court judge.

Accordingly, the appeal is hereby reinstated and the amended motion to dismiss is granted. Without passing on the merits of the case, the appeal is hereby dismissed.

Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained.

DORI CONTRERAS Chief Justice Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed on the 16th day of March, 2023.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.