IN THE
TENTH COURT OF APPEALS
No. 10-07-00353-CV
Nicole Celeste Smith,
Appellant
v.
Mandy Baber Clary,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court No. 06-001455-CV-85
MEMORANDUM Opinion
Nicole Celeste Smith brought an appeal from a judgment rendered against her. She now files a motion to dismiss her appeal, stating that all matters in controversy have been fully settled between the parties to the appeal.
As requested, the appeal is dismissed with prejudice and costs are assessed against the party incurring them. See Tex. R. App. P. 42.1(a).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed March 12, 2008
[CV06]
soNormal style='text-align:justify;text-indent:.5in;line-height:200%'>Because there is not an appealable order or a final judgment, we dismiss the appeal for want of jurisdiction.[2] See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
(Chief Justice Gray notes that footnote 1 is outside the record in this appeal and that we advised McCray that “the Court may dismiss the appeal unless, within 21 days from the date of this letter, a response is filed showing grounds for continuing the appeal.”)
Appeal dismissed
Opinion delivered and filed February 7, 2007
[CV06]
[1] Additionally, the trial court’s August 3, 2006 order, noted in the notice of appeal, declaring McCray to be a vexatious litigant, was vacated in an August 31, 2006 order.
[2] McCray, a prison inmate, filed in the trial court an affidavit of indigence with his notice of appeal, and the affidavit was not contested. Tex. R. App. P. 20.1(c)(1), (e). His indigent status is, therefore, recognized in this appeal only. Id. 20.1(f), (m).