Narrative Opinion Summary
Appellant Truett Leon Steward filed a motion to dismiss his appeal in the Court of Appeals for the Eighth District of Texas, in compliance with Texas Rule of Appellate Procedure 42.2(a). This rule allows for dismissal of an appeal upon the appellant's request prior to the court's decision. Both the appellant and his attorney signed the motion, which was filed in duplicate with the appellate clerk, and a copy was sent to the trial court clerk. The court confirmed that no opinion had been issued in this case, reviewed the motion, and determined that it should be granted. Consequently, the appeal is dismissed. The order was issued on March 19, 2009, by Justice Guadalupe Rivera, with Justices Chew and McClure also participating. The decision is marked as "Do Not Publish."
Legal Issues Addressed
Court's Authority to Grant Dismissalsubscribe to see similar legal issues
Application: The court must verify that no opinion has been issued and review the motion before granting a dismissal of the appeal.
Reasoning: The court confirmed that no opinion had been issued in this case, reviewed the motion, and determined that it should be granted.
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.2(a)subscribe to see similar legal issues
Application: The rule permits the appellant to dismiss an appeal prior to the court's decision, provided the motion is properly signed and filed.
Reasoning: Appellant Truett Leon Steward filed a motion to dismiss his appeal in the Court of Appeals for the Eighth District of Texas, in compliance with Texas Rule of Appellate Procedure 42.2(a).
Procedural Requirements for Dismissal Motionsubscribe to see similar legal issues
Application: The appellant and his attorney must sign the dismissal motion, and it must be filed in duplicate with the appellate clerk, with a copy sent to the trial court clerk.
Reasoning: Both the appellant and his attorney signed the motion, which was filed in duplicate with the appellate clerk, and a copy was sent to the trial court clerk.