Hector Reyes v. Maria D. Reyes Appeal from 256th Judicial District Court of Dallas County (memorandum opinion)

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DISMISS; and Opinion Filed May 25, 2017. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00483-CV HECTOR REYES, Appellant V. MARIA D. REYES, Appellee On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-16-11162 MEMORANDUM OPINION Before Justices Francis, Brown, and Schenck Opinion by Justice Schenck Before the Court is the May 18, 2017 “Appellee’s Motion to Dismiss for Mootness.” Despite the motion’s title, the body of the motion states, in part, “I Hector Reyes would like for the Court to dismiss my appeal.” The motion is signed by pro se appellant. Our records reflect that appellee is represented by counsel. Therefore, we construe the motion as a voluntary motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). In the motion, appellant states he no longer wishes to pursue the appeal and asks that we grant him judgment for costs. We grant the motion to the extent we dismiss the appeal. TEX. R. APP. P. 42.1(a)(1). 170483F.P05 /David J. Schenck/ DAVID J. SCHENCK JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HECTOR REYES, Appellant No. 05-17-00483-CV On Appeal from the 256th Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-16-11162. Opinion delivered by Justice Schenck, Justices Francis and Brown participating. V. MARIA D. REYES, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Subject to any agreement between the parties, it is ORDERED that appellee MARIA D. REYES recover her costs of this appeal, if any, from appellant HECTOR REYES. Judgment entered this 25th day of May, 2017. –2–

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