Opinion
No. 04-97-00703-CV.
July 28, 1999. DO NOT PUBLISH
From the 131st Judicial District Court, Bexar County, Texas, Trial Court No. 95-CI-12291, Honorable John Gabriel, Judge Presiding.
Sitting: ALMA L. LOPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice.
DISMISSED IN PART
Appellants and appellees, Jane E. Profitt, Individually and as Executrix of the Estate of Maj. Gen. Glenn A. Profitt, II, Deceased, Glenn S. Profitt, David S. Profitt, Glenn A. Profitt, and Jesse L. Profitt ("Profitt Appellees"), have filed a joint motion to dismiss this appeal as against the Profitt Appellees. The motion contains a certificate of service to the other appellees, and no opposition has been filed. The motion is granted, and the appeal is dismissed as against the Profitt Appellees. See Tex.R.App.P. 42.1(a)(2). The appeal will proceed against the remaining appellees, Michelle Carey, Individually and as Next Friend of Patrice Marie Carey, Shawn Thomas Carey, and Chris Gordon Carey, Minors. Costs of appeal relating to the Profitt Appellees are taxed against the parties which have incurred them.