Reynaldo Robledo v. Idalia M. Robledo ( 2015 )

Opinion issued July 16, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00083-CV
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REYNALDO ROBLEDO, Appellant
V.
IDALIA M. ROBLEDO, Appellee
On Appeal from the 312th Judicial District Court
Harris County, Texas
Trial Court Cause No. 2013-03363
MEMORANDUM OPINION
Appellant, Reynaldo Robledo, has filed a motion to withdraw his notice of
appeal, which we construe as a motion to dismiss his appeal. See TEX. R. APP. P.
42.1(a)(1). Appellant seeks dismissal of the appeal before the trial court’s entry of
a final judgment set for July 21, 2015, after the trial court had granted, in part and
within its plenary power, appellant’s timely-filed motion for new trial, because he
does not intend to appeal the new judgment. The motion contains a certificate of
conference indicating that the appellee’s counsel has been contacted and does not
oppose this motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). No other party has
filed a notice of appeal and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1),
(c).
Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.
P. 42.1(a)(1), 43.2(f). We construe this motion to include a motion to expedite the
mandate and direct the Clerk of this Court to issue the mandate within three days
of the date of this opinion. See id. at 18.1(c).
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Massengale.
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