Richard Swaim Individually and as Administrator of the Estate of Karen Swwaim v. Nannette Real Estate Holdings, L.L.C. and Charles Rayford Glover

Opinion issued June 18, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00065-CV
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RICHARD SWAIM INDIVIDUALLY AND AS ADMINISTRATOR OF THE
ESTATE OF KAREN SWAIM, Appellant
V.
NANNETTE REAL ESTATE HOLDINGS, L.L.C. AND CHARLES
RAYFORD GLOVER, Appellees
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Case No. 1113301
MEMORANDUM OPINION
Appellant appealed the trial court’s January 7, 2019 order granting a
temporary injunction. On February 21, 2019, this Court issued an order advising the
parties that the trial court’s temporary injunction order did not contain a trial setting
and requested responses from the parties whether the order was void. See TEX. R.
CIV. P. 683. On March 4, 2019, appellant responded to this Court’s order and
attached a copy of the trial court’s February 26, 2019 modified temporary injunction
order that included a trial setting.
Now, appellant has filed a motion to dismiss the appeal. Appellees are
unopposed to dismissal, but continue to seek sanctions against appellant for a
frivolous appeal. Appellees contend that they are entitled to sanctions because
appellant continued to appeal the original order when it was vacated and modified.
Rule 45 permits an appellate court to impose sanctions if it determines that
the appeal is frivolous. See TEX. R. APP. P. 45. “An appeal is frivolous when the
record, viewed from the perspective of the advocate, does not provide reasonable
grounds for the advocate to believe that the case could be reversed.” Woods v.
Kenner, 501 S.W.3d 185, 198 (Tex. App.—Houston [1st Dist.] 2016, no pet.). The
decision whether to award sanctions is a matter of discretion, which we exercise
cautiously. See id. Given that appellant has filed a motion to dismiss the appeal, the
Court declines to impose sanctions.
We grant appellant’s motion and dismiss the appeal. Any pending motions are
dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Hightower.
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