Serv-Air, Inc. and Southern Air Transport, Inc. d/b/a Simuflite Training International, Inc. v. Michelle Carey, A Widow, Individually; Et Al.--Appeal from 131st Judicial District Court of Bexar County

No. 04-97-00703-CV
SOUTHERN AIR TRANSPORT, INC.
d/b/a/ Simuflite Training International, Inc. and Serv-Air, Inc.,
Appellants
v.
Jane E. PROFITT, Individually and as Executrix of the
Estate of Maj. Gen. Glenn S. Profitt II, Deceased; Glenn S. Profitt; David S. Profitt;
Glenn A. Profitt; Jessie L. Profitt; Michelle Carey, a Widow, Individually and as Next Friend of
Patrice Marie Carey, Shawn Thomas Carey and Chris Gordon Carey, Minors, Plaintiff
Intervenor, and as Independent Executrix of the Estate of Captain Paul Edwin Carey, Deceased,
Appellees
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 95-CI-12291
Honorable John D. Gabriel, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: July 22, 1998

MOTION TO DISMISS APPEAL GRANTED

Appellant, Southern Air Transport, Inc. d/b/a Simuflite International, Inc. ("Simuflite"), and Appellees, Jane E. Profitt, Individually and as Executrix of the Estate of Maj. Gen. Glenn A. Profitt II, Deceased; Glenn S. Profitt; David S. Profitt; Glenn A. Profitt; and Jessie L. Profitt (collectively referred to as "Profitt"), have filed an agreed motion to dismiss their appeal on the grounds that they have fully compromised and settled all claims which affect these particular parties. The motion is granted and Simuflite's appeal against the Profitt appellees is hereby dismissed. Simuflite and the Profitt appellees shall each bear their own costs of appeal.

On April 9, 1998, this court issued an opinion and judgment concerning Simuflite's appeal of the judgment affecting the Carey appellees. The dismissal entered today now disposes of the remaining portion of Simuflite's appeal. Nothing in the opinion or judgment entered today is intended to affect the separate appeal brought by appellant Serve-Air, Inc. against the Profitt and Carey appellees.

PER CURIAM

DO NOT PUBLISH

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