Ex Parte: Ronnie Maples--Appeal from 6th District Court of Fannin County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-02-00073-CV
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EX PARTE: RONNIE MAPLES
On Appeal from the 6th Judicial District Court
Fannin County, Texas
Trial Court No. 35020
Before Morriss, C.J., Grant and Ross, JJ.
Opinion by Chief Justice Morriss
O P I N I O N

The State of Texas filed an appeal from an order of expunction. The notice of appeal was filed on May 23, 2002. No docketing certificate or record has been filed. On September 10, 2002, we contacted the prosecutor and warned him the appeal would be subject to dismissal within ten days for want of prosecution unless he showed good cause for continuing the appeal. In response, we received a copy of a motion to dismiss the appeal, which the prosecutor had filed with the district court in Fannin County on June 3, 2002.

An appeal is perfected when a written notice of appeal is filed with the trial court clerk. The filing of a notice of appeal invokes our jurisdiction over the judgment or order from which the appeal is taken. Tex. R. App. P. 25.1(b). Only this Court has the authority to dismiss an appeal pending before it. See Tex. R. App. P. 42.1.

Because it is apparent the State wishes to dismiss its appeal from the order of expunction, we now grant the relief requested by the State pursuant to Tex. R. App. P. 42.1(a)(2).

The appeal is dismissed.

Josh R. Morriss, III

Chief Justice

 

Date Submitted: September 18, 2002

Date Decided: September 19, 2002

 

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