James B. Robbins v. J E Merit Constructors, Inc.--Appeal from 152nd District Court of Harris County

Dismissed and Memorandum Opinion filed August 19, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00599-CV

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JAMES B. ROBBINS, Appellant

V.

J.E. MERIT CONSTRUCTORS, INC., Appellee

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 03-10130

M E M O R A N D U M O P I N I O N

This is an appeal from a a judgment signed February 26, 2004. A timely motion for new trial was filed on March 29, 2004. The notice of appeal was not filed until June 16, 2004. On July 28, 2004, this Court issued a notice to appellant of our intent to dismiss for lack of jurisdiction unless appellant filed a response within 10 days showing this Court had jurisdiction. On July 30, 2004, appellee filed a motion to dismiss, based on lack of jurisdiction. Appellee also requested sanctions. On August 4, 2004, appellant filed a motion to dismiss, asserting that he no longer desired to pursue the appeal.

Because appellant has chosen to dismiss the appeal voluntarily, we grant appellant=s motion and dismiss the appeal. See Tex. R. App. P. 42.1. Costs on appeal are assessed against appellant. Having granted appellant=s motion to dismiss, we deny appellee=s motion to dismiss as moot and we also deny appellee=s request for sanctions.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 19, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.