Opinion
No. 12-03-00025-CV.
Opinion delivered February 5, 2003.
Appeal from the 241st Judicial District Court of Smith County, Texas.
Panel consisted of Worthen, C.J. and Griffith, J.
MEMORANDUM OPINION
Appellant Tim Maddox, Individually and d/b/a Maddox Homes ("Maddox"), has filed a motion to dismiss his appeal against Appellee Diana Bankhead, M.D ("Bankhead"). All parties have been given notice of the filing of the motion. Because Maddox has met the requirements of Tex.R.App.P. 42.1(a)(2), the motion to dismiss is granted. Accordingly, Maddox's appeal against Bankhead is dismissed, without prejudice, and the costs thereof are taxed against Maddox. Tex.R.App.R. 43.4.
The dismissal of Maddox's appeal does not affect Bankhead's cross-appeal.
JUDGMENT
THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss his appeal against Appellee Diana Bankhead, M.D., and the Court having heard and fully considered said motion is of the opinion the same should be Granted.
It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal against Appellee Diana Bankhead, M.D. be, and the same is, Hereby Dismissed, that all costs of this appeal be, and the same are, adjudged against the Appellant, Tim Maddox D/B/A Maddox Homes, for which execution may issue.
It is further ORDERED, ADJUDGED and DECREED that the Dismissal of Tim Maddox's appeal does not affect Diana Bankhead, M.D.'s cross-appeal, and that this decision be certified to the trial court below for observance.
By per curiam opinion.