Opinion
No. 04-09-00747-CV
Delivered and Filed: September 1, 2010.
Appealed from the 37th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CI-15162, Honorable David A. Berchelmann Jr., Judge Presiding.
Motion to Dismiss Granted; Appeal Dismissed in Part.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
Appellant Rufus Odem filed a motion to dismiss this appeal as to appellee John Morgan. We grant the motion and hold that the appeal as to appellee John Morgan is dismissed. See TEX. R. APP. P. 42.1(a)(1). The appeal remains pending as to appellees Deloitte Touche, LLP, and Kathie Schwerdtfeger. Any costs incurred by appellee John Morgan are assessed against appellant. See TEX. R. APP. P. 42.1(d) (absent agreement of the parties, costs are taxed against appellant).