Shiver Construction Company v. Tucker Albin & Associates, Inc.

DISMISS; and Opinion Filed July 9, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00747-CV SHIVER CONSTRUCTION COMPANY, Appellant V. TUCKER ALBIN & ASSOCIATES, INC., Appellee On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-14-05524-D MEMORANDUM OPINION Before Chief Justice Wright and Justices Brown and Stoddart Opinion by Justice Brown Appellant has filed a motion to dismiss appeal, stating the trial court has granted its motion for new trial. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). /Ada Brown/ ADA BROWN JUSTICE 150747F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SHIVER CONSTRUCTION COMPANY, On Appeal from the County Court at Law Appellant No. 4, Dallas County, Texas Trial Court Cause No. CC-14-05524-D. No. 05-15-00747-CV V. Opinion delivered by Justice Brown. Chief Justice Wright and Justice Stoddart TUCKER ALBIN & ASSOCIATES, INC., participating. Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER appellee Tucker Albin & Associates, Inc., recover its costs, if any, of this appeal from appellant Shiver Construction Company. Judgment entered this 9th day of July, 2015. –2–