Surgitek, Inc., et al. v. Nancy Powell, et al.--Appeal from 249th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-97-044-CV

SURGITEK, INC., ET AL.,

Appellants

v.

NANCY POWELL, ET AL,

Appellees

From the 249th District Court

Johnson County, Texas

Trial Court # 264-95

MEMORANDUM OPINION

On April 25, 1997, MEC Subsidiary Corporation (formerly known as Surgitek, Inc.), Medical Engineering Corporation, and Bristol-Myers Squibb Company (hereafter "the appellants") filed a motion to dismiss the appeal. In 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 appellants have certified that they delivered a copy of the motion to the appellees, who seek no affirmative relief in this court.

The motion to dismiss is granted. The appellants are to bear the court costs of the appeal.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Order issued and filed May 14, 1997

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