Daniel D. Clayton, City of Beaumont, Becky Ames, Joseph Majdalanil, Pamela Dodson, and Troy Dodson v. Oldcastle Materials Texas, Inc. Appeal from 172nd District Court of Jefferson County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00063-CV ____________________ DANIEL D. CLAYTON, CITY OF BEAUMONT, BECKY AMES, JOSEPH MAJDALANI, PAMELA DODSON, AND TROY DODSON, Appellants V. OLDCASTLE MATERIALS TEXAS, INC., Appellee ________________________________________________________________________ On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-200,934 ________________________________________________________________________ MEMORANDUM OPINION The City of Beaumont, 1 Mayor Becky Ames, and Dr. Joseph Majdalani, filed an agreed motion to dismiss their accelerated appeal from the denial of their motion to dismiss under the Texas Citizens Participation Act. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(12) (West Supp. 2017). Additionally, they request that the 1 The City of Beaumont filed a notice of appeal that included its unidentified employees, unidentified agents or unidentified representatives, and certain unidentified personnel. 1 stay of all proceedings in the trial court be lifted as to the City of Beaumont, Mayor Becky Ames, and Dr. Joseph Madjalani, so that the trial court may sever and dismiss the action against them in accordance with the parties’ settlement agreement. See id. § 51.014(b). No objection has been filed. We grant the motion and dismiss the accelerated appeal of the City of Beaumont, Mayor Becky Ames, and Dr. Joseph Majdalani. See Tex. R. App. P. 42.1(a)(1). The stay of all trial court proceedings is lifted as to the City of Beaumont, Mayor Becky Ames, and Dr. Joseph Majdalani. The accelerated appeal shall continue as to the remaining appellants, Daniel D. Clayton, Pamela Dodson d/b/a L.D. Construction, and Troy Dodson. See Tex. R. App. P. 42.1(b). The style of the appeal is modified to Daniel D. Clayton, Pamela Dodson, and Troy Dodson v. Oldcastle Materials Texas, Inc. APPEAL DISMISSED IN PART. PER CURIAM Submitted on May 31, 2018 Opinion Delivered August 30, 2018 Before Kreger, Horton, and Johnson, JJ. 2
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