City of Midlothian v. Hilco Electric Cooperative, Inc.--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-00-097-CV

CITY OF MIDLOTHIAN,

Appellant

v.

HILCO ELECTRIC COOPERATIVE, INC.,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 57178

MEMORANDUM OPINION

The City of Midlothian, Appellant, filed a motion to dismiss this appeal. 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).

Midlothian states that it has decided not to appeal the trial court s judgment and has elected to voluntarily dismiss its appeal. Hilco has not filed a response to the motion. Accordingly, this cause is dismissed with costs to be taxed against Midlothian.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed May 31, 2000

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