Opinion
No. 04-07-00134-CV
Delivered and Filed: February 13, 2008.
Appealed from the 216th Judicial District Court, Kendall County, Texas, Trial Court No. 99-190-B, Honorable Stephen B. Ables, Judge Presiding.
Affirmed.
Sitting: ALMA L. LÓPEZ, Chief Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
Joseph Dale Robertson appeals the trial court's order granting a notice of nonsuit and, as a result, dismissing the counterclaims asserted by Ocwen Loan Servicing, LLC, Successor-in-Interest to Ocwen Federal Bank, FSB and Western United life Assurance Company. Although the order was erroneously captioned as being entered in cause number 99-190-B, Robertson does not complain on appeal that the erroneous caption on the order caused him any confusion or harm. Appellant has filed an incomprehensive pro se brief primarily asserting that his filing of a brief would place him in contempt of the trial court's order that he take "no action" in district court or the court of appeals. As previously noted in a related appeal, the trial court's judgment "did not preclude appellant from filing his notice of appeal and does not preclude him from adequately briefing his complaints on appeal." See Robertson v. Walton, No. 04-07-00107-CV, 2007 WL 4320750, at *1 (Tex.App.-San Antonio Dec. 12, 2007, no pet. h.) (not designated for publication). "Because appellant has failed to brief any complaint arising from the trial court's [dismissal order], we must affirm." Id.
We note that the dismissal was the result of the trial court's granting of the notice of nonsuit filed by the appellees, and a party requesting a nonsuit has an absolute right to a nonsuit. Cook v. Nacogdoches Anesthesia Group, L.L.P., 167 S.W.3d 476, 482 (Tex.App.-Tyler 2005, no pet.); Texas Capital Bank-Westwood v. Johnson, 864 S.W.2d 186, 188 (Tex.App.-Texarkana 1993, no pet.)