|
|
NUMBERS
13-05-635-CV
13-06-029-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
___________________________________________________________________
EMMA NUNEZ, ET AL., Appellants,
v.
AQUA CHEM D/B/A CLEAVER BROOKS DIVISION, Appellee.
___________________________________________________________________
On appeal from the 319th District Court
of Nueces County, Texas.
___________________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Yañez and Garza
Memorandum Opinion Per Curiam
Appellants, EMMA NUNEZ, ET AL., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 01-05717-G. After the notice of appeal was filed, appellee, Aqua Chem d/b/a Cleaver Brooks Division, filed a motion requesting that this Court sever and dismiss it from this appeal. In the motion, appellee states that appellants agreed to nonsuit it from this matter prior to hearing and mistakenly included it as a party to the appeal. Appellee requests that this Court sever and dismiss Aqua Chem d/b/a Cleaver Brooks Division from this appeal. Appellants= appeal against appellee, AQUA CHEM D/B/A CLEAVER BROOKS DIVISION, is severed from the original appeal and is docketed under cause number 13-06-029-CV.
Having considered appellee=s motion to dismiss the appeal and the documents on file, this Court is of the opinion that the motion should be granted. The motion to dismiss appellants= appeal against appellee, AQUA CHEM D/B/A CLEAVER BROOKS DIVISION, is hereby granted. The appeal against appellee, AQUA CHEM D/B/A CLEAVER BROOKS DIVISION, in cause number 13-06-029-CV is ordered DISMISSED. The remaining issues in the appeal will remain docketed under cause number 13-05-635-CV.
PER CURIAM
Memorandum Opinion delivered and filed this
the 9th day of February, 2006.