Gary Baker v. The City of Waco, Texas, et al.--Appeal from 19th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-95-274-CV

GARY BAKER,

Appellant

v.

CITY OF WACO, TEXAS, AND FRANK BLAIR,

Appellees

From the 19th District Court

McLennan County, Texas

Trial Court # 93-1197-1

MEMORANDUM OPINION

On June 12, 1995, the court granted the City of Waco and Frank Blair a take-nothing judgment against Gary Baker based on their joint motion for a summary judgment asserting governmental and official immunity. Although Baker appealed from the judgment, on October 26 he filed a motion to dismiss his appeal. In the relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

Baker has certified that he served the motion on the City and Blair, neither of whom seek affirmative relief in this court. Thus, the motion to dismiss is granted.

The cause is dismissed with Baker to bear the costs.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed November 8, 1995

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