Darrell Bairrington and Jo Ann Bairrington d/b/a Bairrington Homes v. Kuppusamy Ragupathi, et al.--Appeal from 272nd District Court of Brazos CountyAnnotate this Case
TENTH COURT OF APPEALS
DARRELL BAIRRINGTON AND JO ANN BAIRRINGTON
D/B/A BAIRRINGTON HOMES,
KUPPUSAMY RAGUPATHI, ET AL.,
From the 272nd District Court
Brazos County, Texas
Trial Court # 35,383-272
On May 18, 1994, in a suit brought under the Deceptive Trade Practices Act, Kuppusamy and Rohini Ragupathi obtained a judgment for $674,076.88 against Darrell and Jo Ann Bairrington for damages sustained in the purchase of a defective house. Although the Bairringtons appealed from the judgment, on February 28, 1996, they filed a motion to dismiss this 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).
The Bairringtons have certified that they served the motion on the Ragupathis. The Ragupathis do not seek affirmative relief in this court. Thus, the motion to dismiss is granted.
The cause is dismissed with the Bairringtons to bear the costs.
Before Justice Cummings, and
Dismissed on appellant's motion
Opinion delivered and filed March 13, 1996
Do not publish