Henry Rawson Jr and Susan Rawson v. Oxea Corporation and Dashiell Corporation

• Court: Court of Appeals of Texas
• Decided: June 28, 2016
• Docket: 01-15-01005-CV
• Status: Published

Opinion

Memorandum Order issued June 28, 2016

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-15-01005-CV ——————————— HENRY RAWSON, JR. AND SUSAN RAWSON, Appellants V. OXEA CORPORATION, DASHIELL CORPORATION, AND MUNDY MAINTENANCE AND SERVICES, LLC, Appellees

On Appeal from the 190th District Court Harris County, Texas Trial Court Case No. 2015-07842

MEMORANDUM ORDER Appellants, Henry Rawson, Jr. and Susan Rawson, have filed a motion to

dismiss their appeal against appellee Mundy Maintenance and Services, LLC,

stating that they have settled this personal injury action against them, and further request that this Court assess costs against the party that incurred them. See TEX.

R. APP. P. 42.1(a)(1), (d). Appellants state that this motion does not affect the

status of their appeal against appellees Oxea Corporation and Dashiell Corporation.

While there is no certificate of conference with the motion to dismiss, the

motion contains a certificate of service on counsel for all three appellees, the

motion has been on file with this Court for more than ten days, and no party has

responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). No other

party has filed a notice of appeal and no opinion has issued. See id. 42.1(a)(1), (c).

CONCLUSION Accordingly, we grant the motion and dismiss the appeal against Mundy

Maintenance and Services, LLC, with costs to be taxed against the party who

incurred the same upon issuance of this Court’s judgment. See TEX. R. APP. P.

42.1(a)(1), (d), 43.2(f). The appeal against appellees Oxea Corporation and

Dashiell Corporation remains pending. See id. 42.1(b).

PER CURIAM Panel consists of Justices Higley, Bland, and Massengale.