Debbie Louise Baker v. Michael Ray Baker--Appeal from 279th District Court of Jefferson County

IN THE

TENTH COURT OF APPEALS

No. 10-00-321-CV

IN THE MATTER

OF THE MARRIAGE OF

DEBBIE LOUISE BAKER

AND

MICHAEL RAY BAKER

From the 279th District Court

Jefferson County, Texas

Trial Court # F-174742

O P I N I O N

On November 30, 2000, the appellant, Debbie Baker, filed a motion to dismiss this appeal. In relevant portion, Rule 42.1 of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

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

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a).

The motion states that the trial court has granted a new trial. Appellees have not filed a response to the motion.

Therefore, under the authority of Rule 42.1, the cause is dismissed. Costs are taxed against the party incurring them.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed December 13, 2000

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