Montgomery Ward & Co., Inc. v. Brazos County Appraisal District and Brazos County Appraisal Review Board--Appeal from 361st District Court of Brazos County

Montgomery Ward & Co., Inc. v. Brazos County Appraisal District and Brazos Coounty Appraisal Review Board /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-98-369-CV

 

MONTGOMERY WARD & CO., INC.,

Appellant

v.

 

BRAZOS COUNTY APPRAISAL

DISTRICT AND BRAZOS COUNTY

APPRAISAL REVIEW BOARD,

Appellees

 

From the 85th District Court

Brazos County, Texas

Trial Court # 43,977-85

 

MEMORANDUM OPINION

 

On March 8, 1999, Appellant filed a motion to dismiss this appeal because a motion for new trial had been granted by the trial court. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

The Appellees have not filed a response to the motion. Accordingly, this cause is dismissed with costs to be taxed against the Appellant.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed March 24, 1999

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