JERRY BAROS, ET AL. v. NORTON COMPANY--Appeal from 319th District Court of Nueces County

NUMBERS

  13-05-634-CV

  13-05-734-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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  JERRY BAROS, ET AL., Appellants,

v.

NORTON COMPANY, Appellee.

___________________________________________________________________

On appeal from the 319th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellants, JERRY BAROS, ET AL., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 98-06468-G. After the notice of appeal was filed, appellants filed a motion to dismiss the appeal as to appellee, NORTON COMPANY. Appellants state that they no longer wish to prosecute their appeal against appellee, NORTON COMPANY. Appellants= appeal against appellee, NORTON COMPANY, is severed from the original appeal and is docketed under cause number 13-05-734-CV.

Having considered appellants= motion to dismiss the appeal and the documents on file, this Court is of the opinion that the motion should be granted. The motion to dismiss appellants= appeal against appellee, NORTON COMPANY, is hereby granted. The appeal against appellee, NORTON COMPANY, in cause number 13-05-734-CV is ordered DISMISSED. The remaining issues in the appeal will remain docketed under cause number 13-05-634-CV.

PER CURIAM

Memorandum Opinion delivered and filed this

the 8th day of December, 2005.