Timbercreek Canyon Property Owners Association, Inc. v. Carl Fowler, et al,Appeal from 251st District Court of Randall County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-14-00043-CV TIMBERCREEK CANYON PROPERTY OWNERS ASSOCIATION, INC., APPELLANT V. CARL FOWLER, ET AL, APPELLEES On Appeal from the 251st District Court Randall County, Texas Trial Court No. 62,758-C, Honorable Ana Estevez, Presiding July 21, 2014 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. On February 12, 2014, appellant Timbercreek Canyon Property Owners Association, Inc., filed a notice of appeal. A notice of appeal by appellees Carl Fowler, et al. 1 was filed on February 25. Appellees as cross-appellants have now filed a motion seeking voluntary dismissal of their cross-appeal. According to a certificate of conference attached to the motion, it is not opposed by appellant. 1 This is also the only designation of the defendants appearing in the judgment of the trial court. Accordingly, and as no decision of the court has been delivered to date, we grant appellees motion. The cross-appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). The appeal of appellant Timbercreek Canyon Property Owners Association, Inc., remains pending. Costs of the cross-appeal shall be paid by appellees. See TEX. R. APP. P. 42.1(d). Per Curiam 2

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