HURN v. PHILLIP LANE HOMES

Full title: BONNIE J. HURN, Appellant v. PHILLIP LANE HOMES, L.L.C., Appellee

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Feb 26, 2004

No. 09-03-550 CV (Tex. App. Feb. 26, 2004)

Opinion

No. 09-03-550 CV.

Opinion Delivered February 26, 2004.

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 01-03-01537-Cv.

B.D. Griffin, Griffin Griffin, Conroe, TX, for Appellant(s).

Kenna M. Seiler, Hope Causey, Conroe, TX, for Appellee(s).

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 TEX. R. APP. P. 47.4.

PER CURIAM.

The appellant and cross-appellee, Bonnie J. Hurn, and the appellee and cross-appellant, Phillip Lane Homes, L.L.C., filed a joint motion to dismiss this appeal. The parties allege that neither appellant desires to further prosecute this appeal. The Court finds that the motion is voluntarily made by the parties through their attorney of record prior to any decision of this Court and should be granted. TEX. R. APP. P. 42.1(a)(1), (2).

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED without reference to the merits of the appeal. All costs are assessed against the incurring party.