Heather Marie Teter v. State

DISMISS; and Opinion Filed July 19, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01252-CR
HEATHER MARIE TETER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 371st District Court
Tarrant County, Texas
Trial Court Cause No. 1512130D
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Pedersen, III
On May 23, 2019, a supplemental clerk’s record was filed containing appellant’s two pro
se motions to dismiss this appeal. The motions are handwritten and signed by appellant, but they
are not signed by her counsel. Under Rule 42.2(a) of the Texas Rules of Appellate Procedure, both
the appellant and her attorney “must sign the written motion to dismiss.” TEX. R. CIV. P. 42.2(a).
On May 29, 2019, this Court forwarded a copy of appellant’s motions to her counsel, Eric
Labovitz, and requested that Labovitz file a supplemental motion to dismiss should he agree that
this appeal should be dismissed. On July 10, 2019, Labowitz filed a motion dismiss and requested
that we withdraw appellant’s notice of appeal and dismiss her appeal. We GRANT the foregoing
motions to dismiss. See id.
We dismiss the appeal.
/Bill Pedersen, III/
BILL PEDERSEN, III
JUSTICE
Do No Publish
TEX. R. APP. P. 47.2(b)
181252F.U05
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
HEATHER MARIE TETER, Appellant On Appeal from the 371st District Court,
Tarrant County, Texas
No. 05-18-01252-CR V. Trial Court Cause No. 1512130D.
Opinion delivered by Justice Pedersen, III.
THE STATE OF TEXAS, Appellee Justices Whitehill and Partida-Kipness
participating.
Based on the Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered this 19th day of July, 2019.
–3–