Opinion
No. 04-07-00124-CV
Delivered and Filed: July 11, 2007.
Appeal from the 57th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CI-12977, Honorable Joe Frazier Brown, Jr., Judge Presiding.
KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On June 20, 2007, we granted a joint motion to partially dismiss this appeal filed by Appellant Martin Wright Gordon, Jr. and Appellee Consolidated Electrical Distributors, Inc. In doing so, we noted that Appellant Gordon's appeal against Appellee J.T. Vaughn Construction Co., Inc. d/b/a Vaughn Construction ("Vaughn Construction") remains pending in this Court.
Gordon has now filed a motion to dismiss this appeal, stating that he no longer wishes to pursue his appeal against the remaining appellee, Vaughn Construction. The motion contains a certificate of service to appellee, which has not opposed the motion. We, therefore, grant appellant's motion and dismiss this appeal. See Tex. R. App. P. 42.1(a). Costs of appeal are taxed against appellant. See id. 42.1(d).