Venture Stores, Inc. v. Linda Schafer--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-99-025-CV

VENTURE STORES, INC.,

Appellant

v.

LINDA SCHAFER,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 98-00-08444-CV

MEMORANDUM OPINION

On March 23, 1999, Appellant filed a motion to dismiss this appeal because the trial court granted a motion for new trial. 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 31, 1999

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