Dakesha Danyell Robinson v. Randall Wayne Kelley

Summary

The Texas First Court of Appeals dismissed an appeal from an order modifying the parent-child relationship after appellant's counsel reported that the parties had entered into an agreed order and that appellant no longer wished to pursue the appeal. The court construed counsel's letter as a motion to dismiss, granted it under Texas Rules of Appellate Procedure 42.1(a) and 43.2(f), and dismissed other pending motions as moot.

Holdings

1. A letter from appellant's counsel stating that appellant no longer wished to pursue the appeal was construed as a motion to dismiss the appeal.
2. The motion to dismiss was granted and the appeal was dismissed.

Questions Presented

1. Whether the appellant's counsel's letter should be construed as a motion to dismiss the appeal.
2. Whether the appeal should be dismissed after appellant no longer wished to pursue it and appellee did not oppose dismissal.

Disposition

dismissed