Union Carbide Corporation, et al v. Jack Loftin, et al--Appeal from 128th District Court of Orange County

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-08-061 CV ____________________ UNION CARBIDE CORPORATION, ET AL. , Appellants V. JACK LOFTIN AND GLENDA LOFTIN, ET AL. , Appellees On Appeal from the 128th District Court Orange County, Texas Trial Cause No. A-070037-C; AC; BC; CC; DC; EC MEMORANDUM OPINION Rust-Oleum Corporation filed a motion to dismiss its appeal as to Gerald Diaz, Deborah Diaz, and Kate Morris (individually and as personal representative of the estate of Michael Morris and as next friend of Michael Morris and Matthew Morris). Other parties also filed notices of appeal but have not joined in the motion to dismiss filed by Rust-Oleum Corporation. The motion was voluntarily made by Rust-Oleum Corporation immediately 1 prior to any decision of this Court and should be granted. See T EX. R. A PP. P. 42.1(a)(1). No party filed an objection to the motion to dismiss filed by Rust-Oleum Corporation. The motion to dismiss is granted and the appeal of Rust-Oleum Corporation is dismissed as to Gerald Diaz, Deborah Diaz, and Kate Morris (individually and as personal representative of the state of Michael Morris and as next friend of Michael Morris and Matthew Morris). APPEAL DISMISSED. PER CURIAM Opinion Delivered June 12, 2008 Before McKeithen, C.J., Kreger and Horton, JJ. 2

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