Opinion
Nos. 13-05-750-CV, 13-06-015-CV
Memorandum Opinion delivered and filed January 26, 2006.
On appeal from the 94th District Court of Nueces County, Texas.
Before Chief Justice VALDEZ and Justices, HINOJOSA and YAZEZ.
MEMORANDUM OPINION
Appellants, MARSH USA, INC. (DELAWARE) AND MARSH USA, INC. (TEXAS), ET AL., perfected an appeal from a judgment entered by the 94th District Court of Nueces County, Texas, in cause number 05-04515-C. After the clerk's record was filed, appellants, MARSH USA, INC. (DELAWARE) AND MARSH USA, INC. (TEXAS), filed a motion to dismiss their appeal against appellee, FILBERTO ATKINSON. Appellants state that they no longer wish to prosecute their appeal against appellee, FILBERTO ATKINSON. The appeal of appellants, MARSH USA, INC. (DELAWARE) AND MARSH USA, INC. (TEXAS), and appellee, FILBERTO ATKINSON, is severed from the original appeal and is docketed under cause number 13-06-015-CV.
Having considered appellants's motion to dismiss the appeal and the documents on file, this Court is of the opinion that the motion should be granted. The motion to dismiss the appeal of appellants, MARSH USA, INC. (DELAWARE) AND MARSH USA, INC. (TEXAS), and appellee, FILBERTO ATKINSON, is hereby granted. The appeal of appellants, MARSH USA, INC. (DELAWARE) AND MARSH USA, INC. (TEXAS), and appellee, FILBERTO ATKINSON, in cause number 13-06-015-CV is ordered DISMISSED.
The remaining issues in the appeal will remain docketed under cause number 13-05-750-CV.