Diez v. Alaska Structures, Inc.

Full title: MICHAEL DIEZ, Appellant, v. ALASKA STRUCTURES, INC. AND ROLLER KING, INC.…

Court: COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Mar 21, 2014

No. 08-13-00144-CV (Tex. App. Mar. 21, 2014)

Opinion

No. 08-13-00144-CV

03-21-2014

MICHAEL DIEZ, Appellant, v. ALASKA STRUCTURES, INC. AND ROLLER KING, INC., Appellees.

GUADALUPE RIVERA

Appeal from the

41st District Court

of El Paso County, Texas

(TC#2011-2963)

MEMORANDUM OPINION

Before the Court is Joint Motion of Appellant, Michael Diez, and Appellee, Roller King, Inc., who seek to dismiss the appeal against Roller King, Inc. with prejudice because they have fully settled all claims and issues between them, and are seeking in the trial court the dismissal of Diez' claims against Roller King, Inc. with prejudice. See TEX. R. APP. P. 42.1(a)(1).

The Court has considered the joint motion and concludes the motion should be granted. The appeal is dismissed with prejudice against Appellee Roller King, Inc. only. The appeal will continue as to Alaska Structures, Inc., Appellee. The style of the case is accordingly modified to Michael Diez v. Alaska Structures, Inc. As requested by the parties, each party shall bear its own costs of appeal. See TEX. R. APP. P. 42.1(d).

GUADALUPE RIVERA, Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.