Brandon S. Walters v. Amber Walters ( 2016 )

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. –2–