Opinion
No. 10-03-054-CV.
Opinion delivered and filed June 18, 2003.
From the 56th District Court, Galveston County, Texas, Trial Court # 98CV0004.
Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.
MEMORANDUM OPINION
Bridgett Borden and her husband Robert filed suit against Jan Kent for malicious prosecution. A jury rendered a take-nothing verdict in favor of Kent. The court signed a judgment in accordance with the verdict, and the Bordens appealed.
The Bordens have now filed a motion to dismiss the appeal. Rule of Appellate Procedure 42.1(a)(1) provides:
(a) The appellate court may dispose of an appeal as follows:
(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.
Tex.R.App.P. 42.1(a)(1).
The Bordens' dismissal motion satisfies the requirements of the appellate rules. Kent has not filed a response. Accordingly, we dismiss the appeal with appellate costs to be taxed against the Bordens. See id. 42.1(d).
Appeal dismissed