Opinion
No. 01-01-00086-CV.
Opinion issued November 30, 2006.
On Appeal from the 11th District Court, Harris County, Texas, Trial Court Cause No. 99-00011.
Panel consists of Justices TAFT, KEYES, and HANKS.
MEMORANDUM OPINION
On March 17, 2006, the Texas Supreme Court reversed that portion of the judgment of this Court, dated February 5, 2004, concerning the appeal of appellant, Tesco American, Inc. d/b/a Strong Industries ("Tesco") and remanded the case for further proceedings. See Tesco Am., Inc. v. Strong Indus., Inc., 49 Tex. Sup. Ct. J. 448, 2006 WL 662740, at *5 (Tex. Mar. 17, 2006).
The portion of the judgment of this Court in favor of the other appellant, F.S.New Products, Inc. ("FSNP"), was not challenged in the Texas Supreme Court, was thus not reversed by that court, and thus remains intact and unaffected. Tesco Am., Inc. v. Strong Indus., Inc., 49 Tex. Sup. Ct. J. 448, 2006 WL662740, at *5 n. 40 (Tex. Mar. 17. 2006). Accordingly, the portion of thisCourt's February 5, 2004 judgment concerning FSNP has become final, and FSNP is no longer an active appellant in this Court. Today's opinion thus does not affect the portion of our February 5, 2004 judgment concerning FSNP.
The parties have filed a joint motion to dismiss their appeal. No opinion has issued on remand. Accordingly, the motion is granted, and the appeal is dismissed. TEX. R. APP. P. 42.1(a)(2).
All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.