Opinion
No. 09-08-062 CV
Opinion Delivered May 8, 2008.
On Appeal from the 128th District Court Orange County, Texas, Trial Cause Nos. A-070085-C; AC; BC; CC; DC; EC.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
CRC Industries, Inc., joined by Radiator Specialty Company, filed a motion to dismiss the appeal as to Raymond Fisher II, Individually and as Independent Administrator and Personal Representative of the Estate of Raymond B. Fisher, Sr., Deceased, and Cynthia Fisher Schuler, Janet Fisher Flanagan and David Pelton Fisher. CRC Industries, Inc. and Radiator Specialty Company wish to maintain their accelerated appeal of the denial of their motions to transfer venue as to all of the other plaintiffs in the underlying suit. Other parties also filed notice of appeal but have not joined the motion to dismiss filed by CRC Industries, Inc. The motion is voluntarily made by these appellants prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No party filed an objection to the motion to dismiss filed by CRC Industries, Inc., and Radiator Specialty Company. The motion to dismiss is granted and the appeals of CRC Industries, Inc., and Radiator Specialty Company are dismissed as to Raymond Fisher II, Individually and as Independent Administrator and Personal Representative of the Estate of Raymond B. Fisher, Sr., Deceased, and Cynthia Fisher Schuler, Janet Fisher Flanagan and David Pelton Fisher. The appeals by CRC Industries, Inc., and Radiator Specialty Company of the denial of their motions to transfer venue as to all other plaintiffs in the underlying suit shall continue. The appeal remains on the Court's active docket. Except as to parties whose appeals were discontinued by Memorandum Opinion delivered April 3, 2008, the appeal shall proceed as to all parties that filed notice of appeal.
APPEAL DISMISSED.