City of Houston v. Shayn A. Proler ( 2008 )

Dismissed and Memorandum Opinion filed June 26, 2008

Dismissed and Memorandum Opinion filed June 26, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00110-CV

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CITY OF HOUSTON, Appellant

V.

SHAYN A. PROLER, Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2007-30944

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed January 21, 2008.  The clerk=s record was filed on February 29, 2008.  A supplemental clerk=s record was filed on April 28, 2008.  No reporter=s record was taken.  No brief was filed.

On April 17, 2008, appellee filed a motion to dismiss.  On May 8, 2008, this Court issued an order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, on or before May 23, 2008, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).

On May 22, 2008, appellant filed a motion to dismiss its appeal.  Appellant further asked that costs be split.  Appellee filed a response, asserting that costs should be assessed against appellant, citing Rule 42.1.  Rule 42.1 concerns voluntary dismissal in civil cases and states that costs will be taxed against the appellant absent agreement of the parties.  Tex. R. App. P. 42.1(d).  Because there is no agreement in this case, we deny appellant=s request to split costs.

Accordingly, we grant appellant=s motion to dismiss the appeal, we deny as moot appellee=s motion to dismiss the appeal, and we order the appeal dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed June 26, 2008.

Panel consists of Justices Yates, Anderson, and Brown.