Opinion
No. 10-03-298-CV
Opinion delivered and filed December 17, 2003.
Appeal from the 74th District Court McLennan County, Texas, Trial Court # 2002-591-3.
Appeal dismissed.
J. David Dickson, Beard, Kultgen, Brophy, Bostwick Dickson, L.L.P., Waco, TX, for Appellee.
David H. Martin, Malesovas Martin, L.L.P., Waco, TX, Fred Weinberg, Pro Se, Richardson, TX, for Appellant
Before Chief Justice GRAY, Justice VANCE, and Judge STROTHER (Sitting by Assignment).
Ralph T. Strother, Judge of the 19th District Court of McLennan 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 Supp. 2004).
MEMORANDUM OPINION
Monica Nemtzeanu perfected this appeal after the trial court denied her motion to transfer venue. She has now filed a motion to dismiss the appeal.
Rule of Appellate Procedure 42.1(a)(1) provides:
(a) The appellate court may dispose of an appeal as follows:
(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.
Nemtzeanu's dismissal motion satisfies the requirements of the appellate rules. Downs has not filed a response. Accordingly, we dismiss the appeal with costs to be taxed against Nemtzeanu. See id. 42.1(d).