In the Matter of C.L.--Appeal from County Court at Law No 3 of Fort Bend County (per curiam)
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Opinion issued February 23, 2012.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-08-00780-CV
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IN THE MATTER OF C. L.
On Appeal from the County Court at Law No. 3
Fort Bend County, Texas
Trial Court Cause No. 11317B
MEMORANDUM OPINION
On May 11, 2009, we abated this appeal and ordered a hearing in the trial
court. Among the issues that the trial judge was to consider was whether appellant
desired to prosecute the appeal. The trial court conducted the hearing on May 28,
2009. Appellant appeared at the hearing, along with his counsel and his guardian.
A supplemental record of that hearing has been filed in this Court. At the hearing,
appellant stated on the record in open court that he wished to withdraw this appeal.
We order the appeal reinstated. Appellant has not filed a written motion to
withdraw the appeal. See TEX. R. APP. P. 42. However, given appellant’s desire,
expressed on the record in open court, to forego pursuit of his appeal, we conclude
that good cause exists to suspend the operation of Texas Rule of Appellate
Procedure 42 in this case. See TEX. R. APP. P. 2. We have not yet issued a
decision. Accordingly, we dismiss the appeal.
We dismiss all other pending motions as moot. We direct the Clerk to issue
the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.
PER CURIAM
Panel consists of Justices Jennings, Massengale, and Huddle.
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