Life Partners, Inc. v. Bobbie J. Griffitts--Appeal from 19th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-01-276-CV

LIFE PARTNERS, INC.,

Appellant

v.

BOBBIE J. GRIFFITTS,

Appellee

From the 19th District Court

McLennan County, Texas

Trial Court # 2000-3235-1

MEMORANDUM OPINION

Bobbie J. Griffitts filed suit against Life Partners, Inc. alleging violations of the Texas Securities Act. The court granted a motion for summary judgment filed by Life Partners. Both parties appealed. We docketed Griffitts s appeal under cause number 10-01-271-CV and the appeal filed by Life Partners under cause number 10-01-276-CV. Life Partners has now filed a motion to dismiss its appeal.

Rule of Appellate Procedure 42.1(a)(2) provides:

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

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

Tex. R. App. P. 42.1(a)(2).

The dismissal motion filed by Life Partners complies with the requirements of the appellate rules. Griffitts s rights are adequately protected by her own appeal. Accordingly, this cause is dismissed with costs to be taxed against the party incurring same.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed February 13, 2002

Do not publish

[CV06]