Rhonda Jane Finney v. David M. DeWitte Appeal from 53rd District Court of Travis County (memorandum opinion )

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-16-00007-CV RHONDA JANE FINNEY, APPELLANT V. DAVID M. DEWITTE, APPELLEE On Appeal from the 53rd District Court Travis County, Texas Trial Court No. D-1-FM-13-002376, Honorable Scott H. Jenkins, Presiding January 22, 2016 MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ. Appellant Rhonda Jane Finney has filed a motion seeking voluntary dismissal of this appeal. The Court finds the motion complies with the requirements of Texas Rule of Appellate Procedure 42.1(a)(1) and that granting the motion will not prevent any party from seeking relief to which it would otherwise be entitled. As no decision of the Court has been delivered to date, we grant appellant's motion. The appeal is dismissed.1 No motion for rehearing will be entertained and our mandate will issue forthwith. The parties have not presented an agreement for assessment of costs. Therefore, costs are assessed against appellant. TEX. R. APP. P. 42.1(d). James T. Campbell Justice 1 In addition, appellant has yet to pay the required filing fee. TEX. R. APP. P. 5. Accordingly, this appeal is also subject to dismissal for failure to comply with a requirement of the Rules of Appellate Procedure. TEX. R. APP. P. 42.3(c). 2

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