charlcie-pink-individually-and-as-representative-of-the-estate-of-veryl-l ( 2009 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-09-00241-CV ____________________

VERYL L. PINK (DECEASED) AND CHARLCIE PINK, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF VERYL L. PINK, Appellants

V.

GOODYEAR TIRE & RUBBER COMPANY, ET AL., Appellees

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On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-174,531

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MEMORANDUM OPINION

Appellants filed a motion to dismiss its appeal as to all but two of the appellees. The motion is voluntarily made by the appellants prior to any decision of this Court. Tex. R. App. P. 42.1(a)(1). We may dismiss an appeal unless disposition would prevent a party from seeking relief to which it would otherwise be entitled. Id. A severable portion of the appeal may be dismissed if the dismissal will not prejudice the remaining parties. Tex. R. App. P. 42.1(b). No party filed an objection to the motion.

The motion to dismiss is granted. The appeal of Veryl L. Pink (Deceased) and Charlcie Pink, Individually and as Representative of the Estate of Veryl L. Pink, is dismissed as to E.I. du Pont de Nemours and Company, Chevron U.S.A., Inc., Texaco Inc., Chevron Phillips Chemical Company LP, Individually and as Successor to Chevron Chemical Company, Huntsman Petrochemical Corporation, Shell Oil Company, ConocoPhillips Company, Individually and f/k/a Phillips Petroleum Company, Huntsman Chemical Company LLC, Successor in Interest to Huntsman Chemical Corporation. The appeal of Veryl L. Pink (Deceased) and Charlcie Pink, Individually and as Representative of the Estate of Veryl L. Pink as to Goodyear Tire & Rubber Company and Texaco Refining & Marketing, Inc. remains before the Court and will proceed in due course as Veryl L. Pink (Deceased) and Charlcie Pink, Individually and as Representative of the Estate of Veryl L. Pink v. Goodyear Tire & Rubber Company and Texaco Refining & Marketing, Inc.

APPEAL DISMISSED IN PART.

_____________________________

STEVE McKEITHEN

Chief Justice

Opinion Delivered November 19, 2009

Before McKeithen, C.J., Gaultney and Horton, JJ.