JIM R. GARVEY, ET AL. v. DXP ENTERPRISES, INC. AND SEPCO INDUSTRIES, INC.--Appeal from 319th District Court of Nueces County

 NUMBERS

  13-05-500-CV

13-06-006-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

 JIM R. GARVEY, ET AL., Appellants,

v.

DXP ENTERPRISES, INC. AND SEPCO

INDUSTRIES, INC., Appellees.

_________________________________________________________

On appeal from the 319th District Court

of Nueces County, Texas.

_________________________________________________________  

MEMORANDUM OPINION

 Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

Appellants, JIM R. GARVEY, ET AL., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 02-05234-G. After the notice of appeal was filed, appellants filed a motion to dismiss the appeal as to appellees, DXP ENTERPRISES, INC. AND SEPCO INDUSTRIES, INC. Appellants state that they have settled their claims against appellees, DXP ENTERPRISES, INC. AND SEPCO INDUSTRIES, INC., and appellants request that said appeal be dismissed. Appellants= appeal against appellees, DXP ENTERPRISES, INC. AND SEPCO INDUSTRIES, INC., is severed from the original appeal and is docketed under cause number 13-06-006-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 appellees, DXP ENTERPRISES, INC. AND SEPCO INDUSTRIES, INC., is hereby granted. The appeal against appellees, DXP ENTERPRISES, INC. AND SEPCO INDUSTRIES, INC., in cause number 13-06-006-CV is ordered DISMISSED. The remaining issues in the appeal will remain docketed under cause number 13-05-500-CV.

PER CURIAM

Memorandum Opinion delivered and filed this

the 12th day of January, 2006.