IN THE
TENTH COURT OF APPEALS
No. 10-04-00365-CV
Texas Genco, L.P.,
Appellant
v.
Valence Operating Company,
Appellee
From the 77th District Court
Freestone County, Texas
Trial Court No. 04-047-A
O R D E R
Valence Operating Company filed a motion to dismiss its cross-appeal, pursuant to Texas Rule of Appellate Procedure 42.1(a), (b), because its cross-appeal is unnecessary. Texas Genco, L.P. is not opposed to the motion, and thus, we do not find any prejudice to Texas Genco.
Accordingly, Valence’s motion is granted, and its cross appeal is dismissed. Tex. R. App. P. 42.1(a), (b).
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Cross-appeal dismissed
Order issued and filed August 10, 2005