Christopher V. Biggerstaff v. Pat Jojola--Appeal from 101st District Court of Dallas County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appellant,

v.

PAT JOJOLA,

Appellee.

Appeal from the

101st District Court

of Dallas County, Texas

(TC# 02-00019-E)

MEMORANDUM OPINION

This dismissal is before the Court on its own motion. Appellant originally filed his Notice of Appeal with the Dallas County District Clerk on November 13, 2002. That notice was subsequently filed in the Fifth District Court of Appeals on December 13, 2002. After transfer to this Court, the same notice was filed on January 8, 2003. Appellant gave notice to this Court that he was withdrawing his Notice of Appeal by email on January 22, 2003. This does not comply with the formal requirements of a motion for voluntary dismissal put forth in Texas Rules of Appellate Procedure 9.1, 9.2, 9.3, 9.4, 9.5, and 42.1. On January 28, 2003, we requested that appellant file a proper Motion to Dismiss by February 7, 2003. No such motion has been filed.

Consequently, this Court is dismissing this appeal in accordance with Texas Rule of Appellate Procedure 42.3. The appeal is dismissed.

SUSAN LARSEN, Justice

February 27, 2003

Before Panel No. 1

Larsen, McClure, and Chew, JJ.