Opinion
No. 09-08-061 CV
Opinion Delivered May 29, 2008.
On Appeal from the 128th District Court Orange County, Texas, Trial Cause Nos. A-070037-C; AC; BC; CC; DC; EC.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
Lyondell-Citgo Refining LP n/k/a Houston Refining LP and Lyondell-Citgo Refining Company, Ltd. n/k/a Houston Refining LP, filed a motion to dismiss their appeal as to Leonel Sandoval, Jr. and Beatrice Sandoval. Lyondell-Citgo Refining LP n/k/a Houston Refining LP and Lyondell-Citgo Refining Company, Ltd. n/k/a Houston Refining LP wish to maintain their accelerated appeal of the denial of their motions to transfer venue as to all of the other plaintiffs in the underlying suit. Other parties also filed notices of appeal but have not joined the motion to dismiss filed by Lyondell-Citgo Refining LP n/k/a Houston Refining LP and Lyondell-Citgo Refining Company, Ltd. n/k/a Houston Refining LP. The motion is voluntarily made by these appellants prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No party filed an objection to the motion to dismiss filed by Lyondell-Citgo Refining LP n/k/a Houston Refining LP and Lyondell-Citgo Refining Company, Ltd. n/k/a Houston Refining LP. The motion to dismiss is granted and the appeals of Lyondell-Citgo Refining LP n/k/a Houston Refining LP and Lyondell-Citgo Refining Company, Ltd. n/k/a Houston Refining LP are dismissed as to Leonel Sandoval, Jr. and Beatrice Sandoval. The appeals by Lyondell-Citgo Refining LP n/k/a Houston Refining LP and Lyondell-Citgo Refining Company, Ltd. n/k/a Houston Refining LP of the denial of their motions to transfer venue as to all other plaintiffs in the underlying suit shall continue. The appeal remains on the Court's active docket. Except as to parties whose appeals were discontinued by Memorandum Opinion delivered April 3, 2008, the appeal shall proceed as to all parties that filed notices of appeal.
APPEAL DISMISSED.