KAT EXCAVATION v. WACO

Full title: KAT EXCAVATION, INC., Appellant v. CITY OF WACO, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Sep 23, 2009

No. 10-09-00115-CV (Tex. App. Sep. 23, 2009)

Opinion

No. 10-09-00115-CV

Opinion delivered and filed September 23, 2009.

Appeal from the 170th District Court McLennan County, Texas, Trial Court No. 2007-564-4.

Dismissed.

Before Chief Justice GRAY, Justice DAVIS, and Judge SUZANNE STOVALL.¹

1 Suzanne Stovall, Judge of the 221st District Court of Montgomery County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (Vernon 2005).

MEMORANDUM OPINION

REX D. DAVIS, Justice.

Appellant has filed an "Unopposed Motion to Withdraw Notice of Appeal." See TEX. R. APP. P. 42.1(a)(1). It states that Appellant desires to withdraw its notice of appeal.

Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. Counsel for Appellee does not oppose the motion. The appeal is dismissed.