John Margetis and Michael Briscoe v. Canopy Construction, LLC, Epsilon Holdings, LP, GZH Enterprises, Inc., Andrew Heape, Trey Gibson and Nick Zindel--Appeal from 40th District Court of Ellis County (majority)
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IN THE TENTH COURT OF APPEALS No. 10-11-00305-CV JOHN MARGETIS AND MICHAEL BRISCOE, Appellants v. CANOPY CONSTRUCTION, LLC, EPSILON HOLDINGS, LP, GZH ENTERPRISES, INC., ANDREW HEAPE, TREY GIBSON AND NICK ZINDEL, Appellees From the 40th District Court Ellis County, Texas Trial Court No. 82353 MEMORANDUM OPINION Appellants, John Margetis and Michael Briscoe, have filed a motion to dismiss their appeal of the trial court s summary-judgment order.1 See TEX. R. APP. P. 42.1(a)(1). Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. The motion is granted, and the appeal is dismissed. Margetis and Briscoe have styled their motion as a Motion to Withdraw ; however, we construe the motion to be a motion to dismiss. 1 AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed March 21, 2012 [CV06] Margetis v. Canopy Construction, LLC Page 2
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