Ray Allen Rogers, Scott Mitchell Suddath, and Jeffrey Allen Rogers v. Kimberly Annette Coslett, Ralph Milton Suddath, United States of America Internal Revenue Service, and Pointbank ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00317-CV
___________________________
RAY ALLEN ROGERS, SCOTT MITCHELL SUDDATH, AND JEFFREY
ALLEN ROGERS, Appellants
V.
KIMBERLY ANNETTE COSLETT AND POINTBANK, Appellees
On Appeal from the 462nd District Court
Denton County, Texas
Trial Court No. 18-10743-211
Before Wallach, J.; Sudderth, C.J.; and Gabriel, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT
We have considered “Appellants’ Unopposed Voluntary Motion to Dismiss
Appeal.” We grant the motion and dismiss the appeal.1 See Tex. R. App. P. 42.1(a)(1),
43.2(f).
Appellants must pay all costs of this appeal. See Tex. R. App. P. 42.1(d), 43.4.
Per Curiam
Delivered: January 9, 2020
1
The trial court dismissed Appellants’ claims after they failed to comply with the
court’s order to either join Ralph Milton Suddath and the United States of America by
the Director of Internal Revenue (the IRS) in the suit or obtain a release of Suddath’s
and the IRS’s respective interests in certain property. Appellants filed this appeal from
that dismissal. In their notice of appeal, they included Suddath’s name in the style of
the case, and in their docketing statement, they named Suddath as an appellee. However,
they did not conference with Suddath, who is pro se, about their motion to dismiss. In
Appellants’ response to our request that they file an amended certificate of conference
reflecting that they had conferenced with Suddath, see Tex. R. App. P. 42.1(a)(1),
Appellants asserted that Suddath was never joined in this suit and is therefore not a
party to this appeal and that, consequently, conferencing with him is not required. We
accept Appellants’ acknowledgement that Suddath is not a party to this appeal, see R&M
Mixed Beverage Consultants, Inc. v. Safe Harbor Benefits, Inc., 578 S.W.3d 218, 223 n.1 (Tex.
App.—El Paso 2019, no pet.), and we modify the style of the case to omit Suddath as
an appellee. Likewise, because the IRS was also never joined in this suit and is therefore
not a party to this appeal, we modify the style to omit the IRS as an appellee.