Tog Hotels Fort Worth, L.L.C. v. BNSF Railway Company and Gary David Scoggin and Amanda Scoggin Appeal from 87th District Court of Anderson County (memorandum opinion per curiam)

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NO. 12-19-00291-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS TOG HOTELS FORT WORTH, L.L.C., APPELLANT § APPEAL FROM THE 87TH V. § JUDICIAL DISTRICT COURT GARY DAVID SCOGGIN AND AMANDA SCOGGIN, APPELLEES § ANDERSON COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Gary David Scoggin and Amanda Scoggin filed a notice of appeal from a May 2019 judgment. BNSF Railway Company and TOG Hotels Fort Worth, L.L.C. were the Appellees. TOG filed a cross appeal. On September 11, 2019, this Court dismissed the Scoggins’ appeal for failure to comply with the Texas Rules of Appellate Procedure. See Scoggin v. BNSF Railway Co., No. 12-19-00291-CV, 2019 WL 4296500 (Tex. App.—Tyler Sept. 11, 2019, no pet. h.) (mem. op.). The dismissal did not impact TOG’s appeal. See id. The Scoggins did not file a motion for rehearing or an extension of time to do so. See TEX. R. APP. P. 49.1, 49.8. TOG filed a motion to dismiss the appeal, stating that TOG no longer needs or desires to pursue its cross appeal now that the Scoggins’ appeal was dismissed. Accordingly, we grant the motion and dismiss the appeal. Opinion delivered October 17, 2019. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT OCTOBER 17, 2019 NO. 12-19-00291-CV TOG HOTELS FORT WORTH, L.L.C., Appellant V. GARY DAVID SCOGGIN AND AMANDA SCOGGIN, Appellees Appeal from the 87th District Court of Anderson County, Texas (Tr.Ct.No. DCCV15-039-87) THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and that the decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

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