Border Pacific Railroad Company v. Jesus Ozuna--Appeal from 229th Judicial District Court of Starr County

No. 04-01-00330-CV

BORDER PACIFIC RAILROAD CO.,

Appellant

v.

Jesus OZUNA,

Appellee

From the 229th Judicial District Court, Starr County, Texas

Trial Court No. 9728

Honorable Alex W. Gabert, Judge Presiding

PER CURIAM

Sitting: Tom Rickhoff, Justice
Alma L. L pez, Justice
Catherine Stone, Justice

Delivered and Filed: November 28, 2001

DISMISSED

Appellant has filed a motion to dismiss this appeal. The motion contains a certificate of service to appellee, who has not opposed the motion. Therefore, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(2). Costs of the appeal are taxed against appellant.

PER CURIAM

DO NOT PUBLISH