Kegley, Inc. v. JC Ruby Company, Inc.--Appeal from 37th Judicial District Court of Bexar County

No. 04-01-00409-CV

KEGLEY, INC.,

Appellant

v.

JC RUBY COMPANY, INC.,

Appellee

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2000-CI-00801

Honorable Karen H. Pozza, 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, which has not opposed the motion. Therefore, we grant the motion and dismiss the appeal with prejudice to re-filling same. See Tex. R. App. P. 42.1(a)(2). Costs of the appeal are taxed against appellant.

PER CURIAM

DO NOT PUBLISH