Burnice Joe Birdo v. Jack M. Garner, et al.--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-94-253-CV

BURNICE JOE BIRDO,

Appellant

v.

JACK M. GARNER, ET AL.,

Appellees

From the 52nd District Court

Coryell County, Texas

Trial Court # 28,739

MEMORANDUM OPINION

Appellant has filed a request that the above appeal be dismissed with prejudice. Appellant's suit in the trial court, filed under Chapter 13 of the Texas Civil Practice and Remedies Code, was dismissed by the trial court as frivolous, malicious, and with no arguable basis in law or fact. Appellant now states in his motion to dismiss that he has decided to "try harder" to work out his differences with unit officials by means other than litigation.

Appellant's motion is granted and the appeal is dismissed with prejudice.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed September 14, 1994

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