Darrell Bairrington and Jo Ann Bairrington d/b/a Bairrington Homes v. Kuppusamy Ragupathi, et al.--Appeal from 272nd District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-94-277-CV

DARRELL BAIRRINGTON AND JO ANN BAIRRINGTON

D/B/A BAIRRINGTON HOMES,

Appellants

v.

KUPPUSAMY RAGUPATHI, ET AL.,

Appellees

From the 272nd District Court

Brazos County, Texas

Trial Court # 35,383-272

MEMORANDUM OPINION

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.

PER CURIAM

Before Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed March 13, 1996

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