Opinion
No. 10-05-00072-CV
Opinion delivered and filed March 2, 2005.
Appeal from the 48th District Court, Tarrant County, Texas, Trial Court # 48-193227-02.
Dismissed.
Stephen C. Maxwell, Maxwell Knowles, P.C., Ft. Worth, TX, for appellant/relator.
Jackie Robinson, Gwinn Roby, Ft. Worth, TX, and Bernard R. Suchocki, Suchicki, Bullard Cummings, Ft. Worth, TX, for appellee/respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Appellant filed "Appellant's Motion for Voluntary Dismissal of Appeal." In relevant portion, Rule 42.1 of the Texas Rules of Appellate Procedure provides:
(a) The appellate court may dispose of an appeal as follows:
. . .
(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.
TEX. R. APP. P. 42.1. The appellees have not responded to this motion. We find that appellees would not be prevented from seeking any relief to which they would be otherwise entitled if we granted the motion. Therefore, under the authority of Rule 42.1, the cause is dismissed. Costs are taxed against the party incurring them.