Sherlunda Riggs v. Jewel Gray and MCC Transport--Appeal from County Court at Law No 3 of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-99-294-CV

SHERLUNDA RIGGS,

Appellant

v.

JEWEL GRAY AND MCC TRANSPORT,

Appellees

From the County Court at Law No. 3

Dallas County, Texas

Trial Court # CC97-05205-C

MEMORANDUM OPINION

On November 22, 1999, Sherlunda Riggs, Appellant, filed a motion to dismiss her appeal in the above cause. 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 separate notice of appeal and have not sought any relief in this cause. Accordingly there is nothing to prohibit granting Riggs motion.

Additionally, Riggs states in her motion that she conferred with Appellees attorney and that he does not oppose the motion. Accordingly, this cause is dismissed with costs assessed against Riggs.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed November 24, 1999

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