Kansas City Southern Railway Company v. Kerry L. Thomas

• Court: Court of Appeals of Texas
• Decided: March 2, 2017
• Docket: 09-17-00049-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00049-CV ____________________

KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant

V.

KERRY L. THOMAS, Appellee _______________________________________________________ ______________

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-197,566 ________________________________________________________ _____________

MEMORANDUM OPINION

The appellant, Kansas City Southern Railway Company, filed a motion to

dismiss this accelerated appeal because the claims against the appellant have been

non-suited. The motion is voluntarily made by the appellant prior to any decision of

this Court. See Tex. R. App. P. 42.1(a)(1). No other party filed a notice of appeal.

We grant the motion and dismiss the appeal.

APPEAL DISMISSED.

1 ________________________________ HOLLIS HORTON Justice

Submitted on March 1, 2017 Opinion Delivered March 2, 2017

Before Kreger, Horton, and Johnson, JJ.