Omega Con. v. McBride

Full title: OMEGA CONTRACTING, INC., FABIAN CARDENAS, JUAN TORRES, AND RICK MORALES…

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Jan 22, 2004

No. 02-03-106-CV (Tex. App. Jan. 22, 2004)

Opinion

No. 02-03-106-CV

Delivered: January 22, 2004.

Appeal from the 271st District Court, of Wise County.

Attorneys for Appellant: (Omega Contracting Inc. and Fabian Cardenas) Watson, Caraway, Harrington, Nelson, Midkiff, Lunigham, Scott Lindsey of Fort Worth, TX.

(Rick Morales) Mosser Mallers PLLC, James C. Mosser, Dallas, TX.

(Juan Torres) Chunn Pilcher, Lonnie E. Chunn of San Antonio, TX.

Attorneys for Appellees: (Nadine McBride, Dale Lance McBride and Deborah McBride) Simpson Boyd, PLLC, Derrick S. Boyd of Bridgeport, TX.

(Dowdy-Ferry Sand and Gravel Co.) Fee, Smith, Sharp Vitullo, Tom Fee of Dallas, TX.

PANEL D: GARDNER, J.; CAYCE, C.J.; and WALKER, J.

MEMORANDUM OPINION ¹ AND JUDGMENT

1 See Tex.R.App.P. 47.4.

PER CURIAM.

We have considered the "Motion To Dismiss Appeal Of Rick Morales." It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal of appellant Rick Morales. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). This case shall hereafter be styled "Omega Contracting, Inc., Fabian Cardenas, and Juan Torres v. Nadine McBride, Individually and as Next Friend of Damon Dale McBride, and as Personal Representative of the Estate of Jason McBride, Dale Lance McBride and Deborah McBride, Juan Torres, Dowdy-Ferry Sand and Gravel Company, et al."

Costs of this appeal shall be taxed against party incurring same, for which let execution issue.