Emma Nunez v. Norton Company, Saint-Gobain Abrasives, Inc., Individually & as Successor in Interest to Norton Co. & Norton Products Co. & Aluminum Co. of America (Alcoa, Inc.) Individually and/or as Successor by Merger and/or Successor in Interest to Reynolds Metals Co

• Court: Court of Appeals of Texas
• Decided: December 8, 2005
• Docket: 13-05-00735-CV
• Status: Published

Opinion

   NUMBERS

13-05-635-CV

13-05-735-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_________________________________________________________

EMMA NUNEZ, ET AL.,                                            Appellants,

                                           v.

NORTON COMPANY, SAINT-GOBAIN ABRASIVES,

INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST

TO NORTON COMPANY AND NORTON PRODUCTS

COMPANY AND ALUMINUM COMPANY OF

AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR

AS SUCCESSOR BY MERGER AND/OR SUCCESSOR

IN INTEREST TO REYNOLDS METALS COMPANY,         Appellees.

                  On appeal from the 319th District Court

                           of Nueces County, Texas.

                     MEMORANDUM OPINION

              Before Justices Rodriguez, Castillo, and Garza

                       Memorandum Opinion Per Curiam

Appellants, EMMA NUNEZ, ET AL., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 01-05717-G.  After the notice of appeal was filed, appellants filed motions to dismiss the appeal as to appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY.  Appellants state that they no longer wish to prosecute their appeal against appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY.  Appellants= appeal against appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY, is severed from the original appeal and is docketed under cause number 13-05-735-CV.

Having considered appellants= motions to dismiss the appeal and the documents on file, this Court is of the opinion that the motions should be granted.  The motions to dismiss appellants= appeal against appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY, are hereby granted.  The appeal against appellees, NORTON COMPANY, SAINT-GOBAIN ABRASIVES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO NORTON COMPANY AND NORTON PRODUCTS COMPANY AND ALUMINUM COMPANY OF AMERICA (ALCOA, INC.) INDIVIDUALLY AND/OR AS SUCCESSOR BY MERGER AND/OR SUCCESSOR IN INTEREST TO REYNOLDS METALS COMPANY, in cause number 13-05-735-CV is ordered DISMISSED.  The remaining issues in the appeal will remain docketed under cause number 13-05-635-CV.

PER CURIAM

Memorandum Opinion delivered and

filed this the 8th day of December, 2005.