Joye Thomas, Individually and as Personal Representative of the Heirs and Estate of Robert L. Thomas, Deceased v. ACandS, Inc., et al--Appeal from 409th District Court of El Paso County
Annotate this CaseCOURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
JOYE THOMAS, Individually and as Personal )
Representative of the Heirs and Estate of ) No. 08-04-00027-CV
ROBERT L. THOMAS, Deceased, )
) Appeal from the
Appellants, )
) 409th District Court
v. )
) of El Paso County, Texas
ACANDS, INC., et al., )
) (TC# 2000-4142)
Appellees. )
MEMORANDUM OPINION
Pending before the Court is the Appellant=s motion to dismiss this appeal. Texas Rule of Appellate Procedure 42.1(a)(1) states:
(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:
(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.
Tex.R.App.P. 42.1(a)(1).
Appellants have complied with the requirements of Rule 42.1(a)(1). Appellant represents to the Court that the motion is unopposed. The Court has considered this cause on the Appellant=s motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.
September 9, 2004
DAVID WELLINGTON CHEW, Justice
Before Panel No. 2
Barajas, C.J., McClure, and Chew, JJ.
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