Memorandum Order issued April 25, 2017
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00589-CV
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WINNIE STACEY ALWAZZAN, Appellant
V.
ISA ALI ALWAZZAN AND INTERNATIONAL AGENCIES CO., LTD.,
Appellees
On Appeal from the 306th District Court
Galveston County, Texas
Trial Court Cause No. 13-FD-0848
MEMORANDUM ORDER
This Court’s March 7, 2017 Memorandum Order granted the letter-motion
of the appellees, Isa Ali Alwazzan and International Agencies Co. Ltd., to dismiss
their cross-appeal. See TEX. R. APP. P. 42.1(a)(1). Then this Court’s March 30,
2017 Order on Motion had dismissed as moot appellees’ joint motion to dismiss
this appeal for want of prosecution for failure to file a brief because appellant,
Winnie Stacey Alwazzan, had filed her brief on March 27, 2017, setting appellees’
brief deadline for April 26, 2017. See id. 38.6(b), 42.3(b).
On April 7, 2017, appellees filed a second motion to dismiss this appeal,
under Rules 38.8(a) and 42.3(b) and (c). Appellees request dismissal for want of
prosecution because they allege, among other things, appellant’s brief was
untimely filed after missing several deadlines and requesting extensions only after
missing them. Because appellant’s brief was already filed on March 27, 2017,
appellees’ second motion to dismiss this appeal for want of prosecution is
dismissed as moot.
In the alternative, appellees had also requested reinstatement of their cross-
appeal because they contend that they had submitted their withdrawal letter only
because they had “reasonably believed that the Appellant had abandoned her
appeal” due to the lack of communication from appellant’s counsel regarding an
extension request for appellant’s brief. We request a response from appellant to
the appellees’ alternative motion to restore their voluntarily-dismissed appeal
including whether we have jurisdiction over their notice of cross-appeal and to
grant the relief requested in the motion.
Any appellant’s response to appellees’ alternative motion to restore their
cross-appeal shall be filed within 10 days of this Memorandum Order.
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PER CURIAM
Panel consists of Justices Jennings, Higley, and Massengale.
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