EMMA NUNEZ, ET AL. v. NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY & AS SUCCESSOR IN INTEREST TO NORTON CO. & NORTON PRODUCTS CO. & ALUMINUM CO. OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS CO--Appeal from 319th District Court of Nueces County

NUMBERS

  13-05-635-CV

  13-05-735-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

  EMMA NUNEZ, ET AL., Appellants,

v.

NORTON COMPANY, SAINT-GOBAIN ABRASIVES,

INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST

TO NORTON COMPANY AND NORTON PRODUCTS

COMPANY AND ALUMINUM COMPANY OF

AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR

AS SUCCESSOR BY MERGER AND/OR SUCCESSOR

IN INTEREST TO REYNOLDS METALS COMPANY, Appellees.

_________________________________________________________

On appeal from the 319th District Court

of Nueces County, Texas.

_________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellants, EMMA NUNEZ, ET AL., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 01-05717-G. After the notice of appeal was filed, appellants filed motions to dismiss the appeal as to appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY. Appellants state that they no longer wish to prosecute their appeal against appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY. Appellants= appeal against appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY, is severed from the original appeal and is docketed under cause number 13-05-735-CV.

Having considered appellants= motions to dismiss the appeal and the documents on file, this Court is of the opinion that the motions should be granted. The motions to dismiss appellants= appeal against appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY, are hereby granted. The appeal against appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY, in cause number 13-05-735-CV is ordered DISMISSED. The remaining issues in the appeal will remain docketed under cause number 13-05-635-CV.

PER CURIAM

Memorandum Opinion delivered and

filed this the 8th day of December, 2005.