- Opinion issued October 21, 2021 In The Court of Appeals For The First District of Texas ———————————— NO. 01-21-00359-CV ——————————— WENDY DUONG, Appellant V. THE LAKES AT COUNTRYPLACE COMMUNITY ASSOCIATION, INC., Appellee On Appeal from the 239th District Court Brazoria County, Texas Trial Court Case No. 98150-CV MEMORANDUM OPINION Appellant, Wendy Duong, appearing pro se, filed a notice of appeal from two orders signed by the trial court, including a “February 8, 2021” order approving the attorneys’ fees requested by appellee, The Lakes at Countryplace Community Association, Inc., and a March 31, 2021 amended order approving the attorneys’ fees requested by appellee. On August 5, 2021, appellant filed a letter with the Court requesting “to withdraw [her] Notice of Appeal in this cause, effective immediately.” We construe appellant’s letter as a motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Appellant’s motion does not include a certificate of conference stating that she conferred or made a reasonable effort to confer with appellee regarding the relief requested in the motion. See TEX. R. APP. P. 10.1(a)(5). However, more than ten days have passed, and no party has expressed opposition to appellant’s motion. See TEX. R. APP. P. 10.3(a). 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 appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1); 43.2(f). We dismiss all other pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Rivas-Molloy and Guerra. 2
Document Info
Docket Number: 01-21-00359-CV
Filed Date: 10/21/2021
Precedential Status: Precedential
Modified Date: 10/25/2021