IN THE
TENTH COURT OF APPEALS
No. 10-97-251-CV
ALLIED ERECTORS CORP.,
Appellant
v.
BARBARA’S BAKERY, ET AL.
Appellees
From the 18th District Court
Johnson County, Texas
Trial Court No. 31-92
MEMORANDUM OPINION
On February 20, 1998, the appellant, Allied Erectors Corporation, filed a motion to voluntarily dismiss this interlocutory appeal against the appellees, Barbara’s Bakery and Kenneth Norris, and remand the cause to the trial court for final disposition. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure 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).
Allied Erectors states that Appellees have dismissed their respective causes of action against it and that the Appellees do not oppose this motion. Accordingly, this cause is dismissed, with costs to be taxed against the appellant, and remanded to the trial court for proceedings not inconsistent with this opinion.
PER CURIAM
Before Chief Justice Davis,
Justice Cummings, and
Justice Vance
Appeal dismissed
Opinion filed and delivered March 4, 1998
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