The CIT Group/Equipment Financing, Inc. v. Texas Gulf Industries, Inc., et al--Appeal from 170th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-91-185-CV

THE CIT GROUP/EQUIPMENT

FINANCING, INC.,

Appellant

v.

TEXAS GULF INDUSTRIES,

INC., ET AL,

Appellees

From the 170th District Court

McLennan County, Texas

Trial Court # 91-2148-4

MEMORANDUM OPINION

On March 9, 1995 the CIT Group/Equipment Financing, Inc. filed a motion to dismiss the 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).

CIT has certified that it delivered the motion to Texas Gulf Industries, Inc., which seeks no affirmative relief in this court. CIT requests that we tax the costs of the appeal against it.

The motion to dismiss is granted. CIT is to bear the court costs of the appeal.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Dismissed on appellant's motion

Order issued and filed March 29, 1995

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