Sue Walston v. James H. Stewart and Jim Stewart, Realtors, Inc.

187 S.W.3d 126

Tex. App.

2006

Check Treatment

Ex parte Albert James SALAS

No. 10-05-00430-CR

Court of Appeals of Texas, Waco

Jan. 18, 2006

126

As with other cases¹ in which Justices Reyna and Vance have elected to issue their opinion without awaiting on my vote, there are serious issues presented in this appeal. I cannot vote on the result in a case until I have had adequate time to study the issues presented. This is not the only case on which I must cast a vote and it must be appropriately balanced with other priorities.

Thus, to avoid leaving the appearance that I agree with the opinion and judgment, this Special Note is simply to advise you that at the time the majority issued its opinion, I was not, nor am I currently, in a position to cast a vote on the issues presented in this appeal. Thus, I can neither concur nor dissent.

Ricardo De Los Santos, Cleburne, for appellant.

Bill Moore, County Atty. for Johnson County, Cleburne, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

Albert James Salas filed a “Motion to Dismiss Appeal.” Salas personally signed the motion. See Tex.R.App. P. 42.2(a).

We have not issued an opinion in this case and the Clerk has sent a duplicate copy of the motion to the trial court clerk. See id.

This appeal is dismissed. See id.

Notes

(Special Note by Chief Justice Gray issued Jan. 25, 2006); (Special Note by Chief Justice Gray, ); (Special Note by Chief Justice Gray, ); (Special Note by Chief Justice Gray issued August 31, 2005).