# Anthony J. Cann v. Hometown Bank, N.A.

> Texas Court of Appeals, 1st District (Houston) · September 29, 2015

URL: https://www.frixlaw.com/law-library/cases/3005819

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** September 29, 2015
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3005819

## Opinion text

Opinion issued September 29, 2015

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-15-00162-CV
———————————
ANTHONY J. CANN, Appellant
V.
HOMETOWN BANK, N.A., Appellee

On Appeal from the 212th District Court
Galveston County, Texas
Trial Court Cause No. 14-CV-0668

MEMORANDUM OPINION

Appellant, Anthony J. Cann, has failed to timely file his appellate brief. See

TEX. R. APP. P. 38.6(a), 38.8(a)(1). On August 27, 2015, the Clerk of this Court

notified appellant that this appeal was subject to dismissal if he did not file an

appellate brief within ten days of the date of that notice. See TEX. R. APP. P. 5,
42.3(c). On September 3, 2015, appellant’s counsel timely responded to the notice

by filing a “Notice of Nonsuit Without Prejudice,” which we construe as a motion

to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Although the motion does

not contain a certificate of conference, it has a certificate of service on the

appellee’s counsel and more than ten days have passed with no response filed. See

id. 10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal and no

opinion has issued. See id. 42.1(a)(1), (c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM
Panel consists of Justices Jennings, Higley, and Brown.

2

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3005819. Public record. Not legal advice.