Sandra Foy and Christopher Foy v. Jacody, Inc.--Appeal from 272nd District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-02-162-CV

SANDRA FOY

AND CHRISTOPHER FOY,

Appellants

v.

JACODY, INC.,

Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court # 54,420-272

MEMORANDUM OPINION

Sandra and Christopher Foy filed a notice of appeal in the above cause on May 28, 2002. The trial court granted their motion for new trial on June 7. They filed a motion to dismiss the appeal on June 12.

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 Foys dismissal motion complies with the requirements of the appellate rules. Jacody, Inc. has not filed a response. Accordingly, this appeal 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 July 3, 2002

Do not publish

[CV06]