Henry Rawson Jr and Susan Rawson v. Oxea Corporation and Dashiell Corporation ( 2016 )

Memorandum Order issued June 28, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-01005-CV
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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.
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