Rosemary Smith, Brady Smith, and Donna Hubbard, Individually and as Personal Representative of the Heirs and Estate of Dorman Smith v. Kelly-Moore Paint Company, Inc.

 

 

 

 

 

 

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

 

                                        NO. 2-08-198-CV

 

ROSEMARY SMITH, BRADY SMITH,                                     APPELLANTS

AND DONNA HUBBARD, INDIVIDUALLY

AND AS PERSONAL REPRESENTATIVE

OF THE HEIRS AND ESTATE OF DORMAN

MITH, DECEASED

 

                                                   V.

 

BONDEX INTERNATIONAL, INC., RPM, INC.                             APPELLEES

AND KELLY‑MOORE PAINT COMPANY, INC.

                                               ----------

           FROM THE 153RD DISTRICT COURT OF TARRANT COUNTY

                                               ----------

                    MEMORANDUM OPINION^[1] AND JUDGMENT

                                               ----------

We have considered the AJoint Motion To Dismiss Appeal.@  It is the court=s opinion that the motion should be granted; therefore, we dismiss the appeal of appellants Rosemary Smith, Brady Smith, and Donna Hubbard, Individually and as Personal Representative of the Heirs and Estate of Dorman Smith, Deceased as against appellees Bondex International, Inc. and RPM, Inc.  See Tex. R. App. P. 42.1(a)(1), 43.2(f).  This case shall hereafter be styled ARosemary Smith, Brady Smith, and Donna Hubbard, Individually and as Personal Representative of the Heirs and Estate of Dorman Smith, Deceased v. Kelly‑Moore Paint Company, Inc.@

Costs of this appeal shall be paid by the party incurring the same, for which let execution issue.

 

PER CURIAM

 

 

PANEL:  LIVINGSTON, MCCOY, and MEIER, JJ.

 

DELIVERED:  July 30, 2009

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^[1]See Tex. R. App. P. 47.4.