James Frazier v. Dale Williams D/B/A Quality Air Heating and Air Conditioning
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Opinion
NUMBER 13-12-00770-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JAMES FRAZIER, Appellant,
v.
DALE WILLIAMS D/B/A QUALITY AIR HEATING AND AIR CONDITIONING, Appellee.
On appeal from the 135th District Court of Jackson County, Texas.
MEMORANDUM OPINION Before Justices Benavides, Perkes, and Longoria Memorandum Opinion Per Curiam
Appellee, Dale Williams d/b/a Quality Air Heating and Air Conditioning (“Quality
Air”), has filed an unopposed motion for partial dismissal. According to this motion,
Quality Air has reached a settlement with GNRC Realty, LLC and, accordingly, asks that its cross-action against appellant James Frazier be dismissed as this issue has become
moot. Frazier has an existing issue on appeal against GNRC Realty, LLC from the
judgment below. Quality Air asserts that Frazier’s existing issue will not be affected by
the requested dismissal of Quality Air’s cross-action, and that Frazier’s appeal should
remain pending before the Court.
Texas Rule of Appellate Procedure 42.1 allows this Court to dismiss an appeal
unless disposition would prevent a party from seeking relief to which it would otherwise
be entitled. See TEX. R. APP. P. 42.1(a)(1). In addition, Rule 42.1 expressly allows for
a severance on appeal to dispose of a severable portion of the proceeding if a severance
will not prejudice the remaining parties. See id. 42.1(b).
The Court, having considered the documents on file and Quality Air’s partial motion
to dismiss, is of the opinion that the motion should be granted. See id. 42.1(a). Frazier’s
issue on appeal is ordered SEVERED and will be docketed in this Court under cause
number 13-14-00447-CV, and will proceed in due course.
Quality Air’s motion for partial dismissal is hereby GRANTED. Each party will
bear its own appellate costs and attorney’s fees. See TEX. R. APP. P. 42.1(d) ("Absent
agreement of the parties, the court will tax costs against the appellant.").
PER CURIAM
Delivered and filed the 21st day of August, 2014.
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