Martin Marietta Materials, Inc. v. Josefina Arreozola, Individually and as Representative of The Estate of Ignacio Arreozola, and As Next Friend of Carla Arreozola; George Arreozola; and Mayra Arreozola--Appeal from 253rd District Court of Liberty County (majority)

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00366-CV _________________ MARTIN MARIETTA MATERIALS, INC., Appellant V. JOSEFINA ARREOZOLA, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF IGNACIO ARREOZOLA, AND AS NEXT FRIEND OF CARLA ARREOZOLA, GEORGE ARREOZOLA, AND MAYRA ARREOZOLA, Appellees ________________________________________________________________________ On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. CV0901345 ________________________________________________________________________ MEMORANDUM OPINION The appellant, Martin Marietta Materials, Inc., and the appellees, Josefina Arreozola in her individual capacity and as representative of the Estate of Ignacio Arreozola and as next friend of Carla Arreozola, George Arreozola, and Mayra Arreozola, filed a joint motion to dismiss this appeal. The motion is voluntarily made by the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(2). No other 1 party filed notice of appeal. The motion to dismiss is granted and the appeal is dismissed. Costs are taxed against the appellant. APPEAL DISMISSED. ________________________________ CHARLES KREGER Justice Opinion Delivered October 6, 2011 Before Gaultney, Kreger, and Horton, JJ. 2

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