Dianne Clair Rockefeller Foster v. Richard Sparre Foster, Jr.--Appeal from 150th Judicial District Court of Bexar County

No. 04-97-00421-CV
Dianne Clair Rockefeller FOSTER,
Appellant
v.
Richard Sparre FOSTER, Jr.,
Appellee
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 95-CI-03466
Honorable Janet P. Littlejohn, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: October 7, 1998

MOTIONS TO DISMISS GRANTED; APPEAL DISMISSED

Appellant filed a motion to dismiss this appeal. The motion contains a certificate of service to the appellee, who also filed a motion to dismiss his cross appeal.(1) We grant the motions and dismiss the appeals. See Tex. R. App. P. 42.1(a)(2). The parties are to bear their own costs of appeal.

PER CURIAM

DO NOT PUBLISH

1. Appellee brought his cross appeal by raising a cross point. This was permissible before September 1, 1997. Compare Warren v. Triland Inv. Group, 779 S.W.2d 808, 809 (Tex. 1989) (holding separate notice of appeal by appellee unnecessary where appellant did not restrict appellate issues), with Tex. R. App. P. 25.1(c) (stating rule that any party seeking to alter a trial court judgment must file a notice of appeal). Because this appeal was perfected before the new rules of appellate procedure became effective, we have jurisdiction over Richard's cross-point. See Final Approval of Revisions to the Texas Rules of Appellate Procedure, Tex. Misc. Docket No. 97-9134, (Aug. 15, 1997), reprinted in Tex. Rules of Ct.--State 261 (West 1998).

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