Arthur Solis v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-00-00322-CV

Case Date: 12/13/2000

Plaintiff: IPOLITO SEPEDA AKA PAUL SEPEDA

Defendant: THE STATE OF TEXAS--Appeal from 36th District Court of San Patricio County

Preview:Arthur Solis v. The State of Texas--Appeal from 226th
Judicial District Court of Bexar County
No. 04-00-00322-CV
Arthur SOLIS,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 99-SF-00036
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Alma L. L pez, Justice
Catherine Stone, Justice
Paul W. Green, Justice
Delivered and Filed: December 13, 2000
APPEAL DISMISSED
On July 31, 2000, the attorney for the appellant in the above numbered and styled appeal filed a motion to dismiss the
appeal. This court incorrectly denied the request under Rule 42.2(a) of the rules of appellate procedure because the
motion was not signed by the appellant. See Tex. R. App. P. 42.2(a). Rule 42.2(a), however, applies to a criminal
appeal, not to a civil appeal. The court should have relied on Rule 42.1 which applies to civil appeals. See Tex. R.
App. P. 42.1. Rule 42.1 does not require the appellant=s signature for a voluntary dismissal. Relying on that rule, we
withdraw our order dated August 14, 2000 denying the motion to dismiss the appeal, and we grant the motion. See
Tex. R. App. P. 42.1(a)(2). This appeal is accordingly dismissed.
PER CURIAM
DO NOT PUBLISH
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