Joseph Dale Robertson v. Ocwen Loan Servicing, LLC, Successor-in-Interest to Ocwen Federal Bank, FSB and Western United Life Assurance Company--Appeal from 216th Judicial District Court of Kendall County

MEMORANDUM OPINION
No. 04-07-00134-CV
Joseph Dale ROBERTSON,
Appellant
v.
OCWEN LOAN SERVICING, LLC,
Successor-in-Interest to Ocwen Federal Bank, FSB
and Western United Life Assurance Company,
Appellees
From the 216th Judicial District Court, Kendall County, Texas
Trial Court No. 99-190-B
Honorable Stephen B. Ables, Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

 

Sitting: Alma L. L pez, Chief Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: February 13, 2008

 

AFFIRMED

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." (1) Id.

 

Alma L. L pez, Chief Justice

1. 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.)