Evonne Crane, Individually, and as Guardian of the Estate of Evette Crane (Deceased), Willie Pearl Crane, Individually, and as Next Friend of LaQuanna Marvett Chavon Crane, Pshanna Jatawn Crane, and Djuanna Elaine Pearl Crane, Minor Children, et al. v. City of Waco--Appeal from 74th District Court of McLennan County

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Crane et al v. City of Waco et al /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-95-193-CV

 

EVONNE CRANE, INDIVIDUALLY, AND AS GUARDIAN OF THE ESTATE OF EVETTE CRANE (DECEASED), ET AL.,

Appellants

v.

 

CITY OF WACO, ET AL.,

Appellees

 

From the 74th District Court

McLennan County, Texas

Trial Court # 93-3856-3

 

MEMORANDUM OPINION

 

On July 24, 1995, Evonne Crane, et al. filed a motion to dismiss their 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).

Crane has certified that she served the motion on the City of Waco, which seeks no affirmative relief in this court. Thus, the motion to dismiss is granted.

The cause is dismissed with Crane to bear the costs.

PER CURIAM

 

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed August 2, 1995

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