Nancy Braus v. Zachry Construction Corporation, H.B. Zachry Company, H.B. (Bartell) Zachry, Jr., Harry Eugene Couch, Jr., Hector Sandoval, Joe Collins, and Samuel Kirby Smith

 

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00340-CV

 

Nancy Braus,

                                                                      Appellant

 v.

 

Zachry Construction Corporation,

H.B. Zachry Company, H.B. (Bartell)

Zachry, Jr., Harry Eugene Couch, Jr.,

Hector Sandoval, Joe Collins, and

Samuel Kirby Smith,

                                                                      Appellees

 

 


From the 361st District Court

Brazos County, Texas

Trial Court No. 03-001246-CVA-361

 

MEMORANDUM  Opinion


 

          Nancy Braus appeals a judgment dismissing her claims against Appellees.

          The Clerk of this Court warned Braus that because it appeared to the Court that the judgment from which the appeal was taken was not final, the Court may dismiss the appeal unless a response was filed showing grounds for continuing the appeal.  See Tex. R. App. P. 42.3, 44.3.  Braus has not responded to the Clerk's warning.


          This appeal is dismissed.

 

                                                                   TOM GRAY

                                                                   Chief Justice

 

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed December 20, 2006

[CV06]

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No. 10-02-00277-CV

 

Mobil Oil Corporation,

Mobil Oil Co., Inc.

and Mobil Chemical Company,

                                                                      Appellants

 v.

 

Ona Mae Powers,

                                                                      Appellee

 

 

 


From the 60th District Court

Jefferson County, Texas

Trial Court # B-126986-Y

 

MEMORANDUM  Opinion


 

          Mobil Oil Corporation appeals[1] from the grant of a summary judgment on its counterclaim seeking indemnity from Ona Mae Powers under a Release and Indemnity Agreement she signed in 1994.  Finding that the trial court did not err in granting the summary judgment, we affirm.  DeWitt County Elec. Coop., Inc. v. Parks, 1 S.W.3d 96, 100 (Tex. 1999) (interpret the contract as a matter of law); Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 548‑49 (Tex. 1985) (standard of review); Rucker v. Bank One, 36 S.W.3d 649, 652-53 (Tex. App.—Waco 2000, pet. denied) (review is de novo).

 

 

PER CURIAM

 

Before Justice Vance,

Justice Reyna, and

Judge McGregor[2] (Sitting by Assignment)

Affirmed

Opinion delivered and filed October 6, 2004

 

[CV06]

 



   [1]  This case was transferred to us from the Ninth Court of Appeals by order of the Supreme Court of Texas.

   [2]  F. B. (Bob) McGregor, Jr., Judge of the 66th District Court of Hill County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code.  See Tex. Gov=t Code Ann. ' 74.003(h) (Vernon Supp. 2004).