Ruben Alvear v. Aqua Chem D/B/A Cleaver Brooks Division

Opinion

                                      NUMBERS

13-05-633-CV

13-06-030-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_______________________________________________________

RUBEN ALVEAR, ET AL.,                                         Appellants,

                                           v.

AQUA CHEM D/B/A CLEAVER BROOKS DIVISION,          Appellee.

_______________________________________________________

                 On appeal from the 319th  District Court

                           of Nueces County, Texas.

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                     MEMORANDUM OPINION

      Before Chief Justice Valdez and Justices Yañez and Garza

                       Memorandum Opinion Per Curiam

Appellants, RUBEN ALVEAR, ET AL., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 98-05955-G.  After the notice of appeal was filed, appellee, Aqua Chem d/b/a Cleaver Brooks Division, filed a motion requesting that this Court sever and dismiss it from this appeal.  In the motion, appellee states that appellants agreed to nonsuit it from this matter prior to hearing and mistakenly included it as a party to the appeal.  Appellee requests that this Court sever and dismiss Aqua Chem d/b/a Cleaver Brooks Division from this appeal.  Appellants= appeal against appellee, AQUA CHEM D/B/A CLEAVER BROOKS DIVISION, is severed from the original appeal and is docketed under cause number 13-06-030-CV.

Having considered appellee=s motion to dismiss the appeal and the documents on file, this Court is of the opinion that the motion should be granted.  The motion to dismiss appellants= appeal against appellee, AQUA CHEM D/B/A CLEAVER BROOKS DIVISION, is hereby granted.  The appeal against appellee, AQUA CHEM D/B/A CLEAVER BROOKS DIVISION, in cause number 13-06-030-CV is ordered DISMISSED. 

The remaining issues in the appeal will remain docketed under cause number 13-05-633-CV.

PER CURIAM

Memorandum Opinion delivered and

filed this the 2nd day of February, 2006.