Emmett Rogers v. Robert Orr and Walkcon, Ltd.

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00333-CV

EMMETT ROGERS APPELLANT

V.

ROBERT ORR; WAL-MART APPELLEES STORES TEXAS, LLC D/B/A WAL- MART STORES TEXAS 2007, LLC AND D/B/A WALMART; AND WALKCON, LTD.

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FROM THE 43RD DISTRICT COURT OF PARKER COUNTY

MEMORANDUM OPINION AND JUDGMENT1

We have considered the “Agreed Motion To Dismiss As To Walmart,” filed

by appellee Wal-Mart Stores Texas, LLC d/b/a Wal-Mart Stores Texas 2007, LLC

and d/b/a Walmart. It is the court’s opinion that the motion should be granted;

therefore, we dismiss the appeal of Emmett Rogers against appellee Wal-Mart

1 See Tex. R. App. P. 47.4. Stores Texas, LLC d/b/a Wal-Mart Stores Texas 2007, LLC and d/b/a Walmart

only. See Tex. R. App. P. 42.1(a)(1), 43.2(f). This case shall hereafter be styled

“Emmett Rogers v. Robert Orr and Walkcon, Ltd.”

Costs of the appeal between appellant and appellee Wal-Mart Stores

Texas, LLC d/b/a Wal-Mart Stores Texas 2007, LLC and d/b/a Walmart shall be

paid by the party incurring the same, for which let execution issue. See Tex. R.

App. P. 43.4.

PER CURIAM

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DELIVERED: March 28, 2013