Daniel D. Clayton, City of Beaumont, Becky Ames, Joseph Majdalanil, Pamela Dodson, and Troy Dodson v. Oldcastle Materials Texas, Inc.

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-18-00063-CV

____________________

DANIEL D. CLAYTON, CITY OF BEAUMONT, BECKY AMES, JOSEPH MAJDALANI, PAMELA DODSON, AND TROY DODSON, Appellants

V.

OLDCASTLE MATERIALS TEXAS, INC., Appellee

________________________________________________________________________

On Appeal from the 172nd District Court Jefferson County, Texas

Trial Cause No. E-200,934

________________________________________________________________________

MEMORANDUM OPINION

The City of Beaumont, 1 Mayor Becky Ames, and Dr. Joseph Majdalani, filed an agreed motion to dismiss their accelerated appeal from the denial of their motion to dismiss under the Texas Citizens Participation Act. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(12) (West Supp. 2017). Additionally, they request that the

1 The City of Beaumont filed a notice of appeal that included its unidentified employees, unidentified agents or unidentified representatives, and certain unidentified personnel.

2

stay of all proceedings in the trial court be lifted as to the City of Beaumont, Mayor Becky Ames, and Dr. Joseph Madjalani, so that the trial court may sever and dismiss the action against them in accordance with the parties’ settlement agreement. See id. § 51.014(b). No objection has been filed.

We grant the motion and dismiss the accelerated appeal of the City of Beaumont, Mayor Becky Ames, and Dr. Joseph Majdalani. See Tex. R. App. P. 42.1(a)(1). The stay of all trial court proceedings is lifted as to the City of Beaumont, Mayor Becky Ames, and Dr. Joseph Majdalani. The accelerated appeal shall continue as to the remaining appellants, Daniel D. Clayton, Pamela Dodson d/b/a L.D. Construction, and Troy Dodson. See Tex. R. App. P. 42.1(b). The style of the appeal is modified to Daniel D. Clayton, Pamela Dodson, and Troy Dodson v. Oldcastle Materials Texas, Inc.

APPEAL DISMISSED IN PART.

PER CURIAM

Submitted on May 31, 2018 Opinion Delivered August 30, 2018

Before Kreger, Horton, and Johnson, JJ.