Opinion
No. 09-09-00162-CV
Opinion Delivered June 25, 2009.
On Appeal from the 9th District Court, Montgomery County, Texas, Trial Cause No. 06-03-02273 CV.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
Universal Trailer Corporation filed an unopposed motion to sever and dismiss its appeal. The motion is voluntarily made by the appellant prior to any decision of this Court. Tex. R. App. P. 42.1(a)(1). We may dismiss an appeal unless disposition would prevent a party from seeking relief to which it would otherwise be entitled. Id. Universal Trailer Corporation is one of two appellants in this accelerated appeal. A severable portion of the appeal may be dismissed if the dismissal will not prejudice the remaining parties. Tex. R. App. P. 42.1(b). No party filed an objection to the motion.
The motion to sever and dismiss is granted. We sever Universal Trailer Corporation's accelerated appeal of the trial court's order vacating the arbitration award from the remainder of the appeal and the appeal of Universal Trailer Corporation is dismissed. GE Commercial Distribution Finance Corporation also filed notice of appeal. GE Commercial Distribution Finance Corporation's appeal in No. 09-09-00162-CV remains before us and will proceed in due course. We direct the Clerk of the Court to re-style the appeal as GE Commercial Distribution Finance Corporation v. Momentum Transportation Services, L.L.C.
SEVERED; APPEAL DISMISSED.