David L. McAmis and Susan B. McAmis v. H.E. Butt Grocery Company--Appeal from 249th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-94-236-CV

DAVID L. McAMIS AND SUSAN McAMIS

Appellants

v.

H.E. BUTT GROCERY COMPANY

Appellee

From the 249th District Court

Johnson County, Texas

Trial Court # 249-57-93

MEMORANDUM OPINION

On November 18, 1994, David L. and Susan McAmis filed a motion to dismiss the appeal. In the relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

The McAmises have certified that they delivered the motion to the H.E. Butt Grocery, which seeks no affirmative relief in this court. Thus, the motion to dismiss is granted. This cause is dismissed with each party to bear its own costs.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed November 30, 1994

Do not publish