Yvonne Ocanas (Cross-Appellee) v. Jose J. Ocanas (Cross-Appellant) Appeal from 45th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00531-CV Yvonne OCANAS, Appellant & Cross-Appellee v. Jose J. OCANAS, Appellee & Cross-Appellant From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2014-CI-18248 Honorable David A. Canales, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: October 26, 2016 CROSS-APPELLANT’S MOTION TO DISMISS GRANTED; CROSS-APPEAL DISMISSED Appellant Yvonne Ocanas timely filed a notice of appeal on September 6, 2016. Thereafter, appellee Jose J. Ocanas timely filed his notice of appeal, making him a cross-appellant in this matter. On October 13, 2016, cross-appellant Jose J. Ocanas filed a document entitled “Notice of Nonsuit of Cross Appeal.” In that document, he states he “no longer wishes to pursue a cross-appeal against Yvonne Ocanas.” We interpret this document as a motion to dismiss the cross-appeal. 04-16-00531-CV After reviewing the motion, we grant cross-appellant Jose J. Ocanas’s motion to dismiss his cross-appeal. See TEX. R. APP. P. 42.1(a)(1). We order all costs incurred as a result of the cross-appeal to be assessed against cross-appellant Jose J. Ocanas. See id. R. 42.1(d) (absent agreement of parties, costs are taxed against appellant). The appeal filed by appellant Yvonne Ocanas remains pending in this court. PER CURIAM -2-
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