Ex Parte Trisler

I dissent to the majority’s denial of appellant’s request to dismiss this appeal. Although the motion to dismiss is not sworn to, as required by previous decisions of this Court, it is signed personally by the appellant and by his attorney in the case. The *621majority refuses to grant appellant’s request by relying on the ancient rule that such a request must be by sworn motion.

The majority advances no purpose for the rule relied on, beyond the speculation that authentication “serves to assure this Court that the appellant personally decided to forego his right of appeal, and gave some…