Tower Oaks Community Organization v. Gregory D. Ham and Colin E. Ham ( 2017 )

Memorandum Order issued May 23, 2017
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-16-00913-CV
————————————
TOWER OAKS COMMUNITY ORGANIZATION, Appellant
V.
GREGORY D. HAM AND COLIN E. HAM, Appellees
On Appeal from the 61st District Court
Harris County, Texas
Trial Court Cause No. 2015-52753
MEMORANDUM ORDER
Appellant, Tower Oaks Community Organization, timely filed a notice of
appeal on November 14, 2016, from the trial court’s final judgment, signed on
August 18, 2016, following a bench trial, and after a timely request for findings of
fact and conclusions of law was filed on September 7, 2016. See TEX. R. APP. P.
26.1(a)(4). Appellees, Gregory D. Ham and Colin E. Ham, timely filed an
amended cross-notice of appeal on November 17, 2016, from the order denying
their motion for sanctions, signed on August 18, 2016. See id. 26.1(d).
On May 12, 2017, appellees filed an unopposed motion to dismiss their
cross-appeal because they no longer wish to pursue it, contending that their
dismissal will not prejudice the appellant’s appeal, and further requesting that all
costs be assessed against the party incurring the same. See TEX. R. APP. P.
10.1(a)(5), 10.3(a)(2), 42.1(a)(1), (d). No opinion has issued yet. See id. 42.1(c).
Accordingly, we GRANT appellees’ motion and ORDER the cross-appeal
DISMISSED. See TEX. R. APP. P. 42.1(a)(1). Appellant’s appeal remains
pending before this Court, and costs will be assessed upon issuance of judgment.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Keyes and Massengale.
2