IN THE
TENTH COURT OF APPEALS
No. 10-05-00047-CV
SHP—The Callaway House, L.P.,
Appellant
v.
Callaway Development Corporation,
Appellee
From the 361st District Court
Brazos County, Texas
Trial Court No. 04-000970-CV
MEMORANDUM Opinion
The Clerk of this Court notified the parties that the appellant=s brief was overdue in this cause and that the appeal would be dismissed if an appropriate response was not filed within twenty-one days. No response has been received. Accordingly, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed August 24, 2005
[CV06]
ign: justify; margin-left: 0.3in; margin-right: 0.3in">(b) Criminal Cases. The appeal may be dismissed if the appellant withdraws his notice of appeal at any time prior to the decision of the appellate court. The withdrawal shall be in writing signed by the appellant and his counsel and filed in duplicate with the clerk of the court of appeals in which the appeal is pending[.]
Tex. R. App. P. 59(b).
We have not issued a decision in this appeal. The motion is signed personally by Hodge, as required by the rule, and signed by his attorney. Thus, the motion is granted.
Hodge's appeal is dismissed.
PER CURIAM
Before Chief Justice Davis,
Justice Cummings, and
Justice Vance
Appeal dismissed on appellant's motion
Opinion delivered and filed April 30, 1997
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