Opinion
No. 09-03-498 CV.
Opinion Delivered February 12, 2004.
On Appeal from the 75th District Court, Liberty County, Texas, Trial Cause No. Cv 64626-A.
Thomas K. Kruppstadt — Gauntt Kruppstadt, LLP — The Woodlands Timothy L. Culberson — Gauntt Kruppstadt, LLP — The Woodlands Dale Burrus Frisby — Kroger, Myers, Frisby Hirsch — Houston Christopher D. Lindstrom — Kroger, Myers, Frisby Hirsch — Houston for appellants.
James F. Martin — The Martin Law Firm — Houston for appellee.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Alice Wordlaw, appellee, filed a motion to dismiss the appeal for lack of jurisdiction on the grounds that the judgment is interlocutory. In response, Merrimon Baker, M.D., Merrimon Baker, M.D., P.A., Liberty-Dayton Hospital, Inc., and Sean Stricker filed motions to dismiss this appeal. The Court finds that the appellants voluntarily moved to dismiss the appeal prior to any decision of this Court. TEX. R. APP. P. 42.1(a)(1). No other party filed notice of appeal.
It is therefore ordered that the motions be granted and the appeal is therefore dismissed. Appellate costs are assessed against the appellants. The appellee's motion for damages based upon filing of frivolous appeal is denied.