In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00145-CV
______________________________
EBS CONSTRUCTION, INC., AND
BATTLES STEEL CONSTRUCTION, INC., Appellants
V.
J. D. DREW, Appellee
On Appeal from the 159th Judicial District Court
Angelina County, Texas
Trial Court No. CV-30146-97-4
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Appellants, EBS Construction, Inc., and Battles Steel Construction, Inc., have moved this Court to dismiss its appeal against appellee, J. D. Drew. As authorized by Tex. R. App. P. 42.1, we grant appellants' motion for dismissal.
Accordingly, we dismiss the appeal.
Jack Carter
Justice
Date Submitted: January 26, 2004
Date Decided: January 27, 2004
font-family: Times New Roman"> As for Davison's contention that Brown's testimony was inadmissible under Rule 509(b) and because Davison was not given the Miranda warnings, she did not object to Brown's testimony at the revocation proceeding and has, therefore, waived the issue. See Tex. R. App. P. 33.1(a).
We affirm the judgment.
Josh R. Morriss, III
Chief Justice
Date Submitted: December 23, 2002
Date Decided: January 30, 2003
Do Not Publish
1. Davison also contends the trial court abused its discretion in revoking her community supervision because the record shows she did not fail to "avoid injurious or vicious habits, including abstaining from the use of all intoxicating beverages," as required under the terms of her community supervision. The record is clear, however, that the State did not allege she violated this requirement and that the trial court did not revoke her community supervision for this reason.