Vaca Industries, Inc. v. Arnold P. DeLaurier, Jr.--Appeal from 192nd District Court of Dallas County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

VACA INDUSTRIES, INC.,

Appellant,

v.

ARNOLD P. DELAURIER, JR.,

Appellee.

No. 08-06-00167-CV

Appeal from

192nd District Court

of Dallas County, Texas

(TC # 05-10047-K)

MEMORANDUM OPINION

Pending before the Court is Appellant s motion to dismiss the appeal pursuant to Tex.R.App.P. 42.1(a)(1) because Appellant no longer desires to prosecute the appeal. Appellee does not oppose dismissal. We grant the motion and dismiss the appeal. Costs are taxed against Appellant. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

October 19, 2006

ANN CRAWFORD McCLURE, Justice

Before McClure, J., Chew, J., and Barajas, C.J. (Ret.)

Barajas, C.J. (Ret.), sitting by assignment