Dehart v. Unifirst Corp.

Full title: JOEY DEHART D/B/A AMERICAN TRENCH, Appellant, v. UNIFIRST CORPORATION…

Court: Court of Appeals of Texas, Eighth District, El Paso

Date published: Dec 4, 2003

No. 08-03-00137-CV (Tex. App. Dec. 4, 2003)

Opinion

No. 08-03-00137-CV

December 4, 2003.

Appeal from the 394th Judicial District Court of Brewster County, Texas (Tc# 2000-10-B7603-Cv).

Joey DeHart, Attorney for Appellant.

Colbert N. Coldwell, Attorney for Appellee.

Before Panel No. 4, BARAJAS, C.J., LARSEN, and McCLURE, JJ.

MEMORANDUM OPINION

RICHARD BARAJAS, Chief Justice.

Pending before the Court is the Appellant's motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(1), which states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

. . .

The Appellant has complied with the requirements of Rule 42.1(a)(1). The Court has considered this cause on the Appellant's motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.