Tog Hotels Fort Worth, L.L.C. v. BNSF Railway Company and Gary David Scoggin and Amanda Scoggin ( 2019 )

NO. 12-19-00291-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
TOG HOTELS FORT WORTH, L.L.C., § APPEAL FROM THE 87TH
APPELLANT
V. § JUDICIAL DISTRICT COURT
GARY DAVID SCOGGIN AND
AMANDA SCOGGIN, § ANDERSON COUNTY, TEXAS
APPELLEES
MEMORANDUM OPINION
PER CURIAM
Gary David Scoggin and Amanda Scoggin filed a notice of appeal from a May 2019
judgment. BNSF Railway Company and TOG Hotels Fort Worth, L.L.C. were the Appellees.
TOG filed a cross appeal. On September 11, 2019, this Court dismissed the Scoggins’ appeal for
failure to comply with the Texas Rules of Appellate Procedure. See Scoggin v. BNSF Railway
Co., No. 12-19-00291-CV, 2019 WL 4296500 (Tex. App.—Tyler Sept. 11, 2019, no pet. h.) (mem.
op.). The dismissal did not impact TOG’s appeal. See id. The Scoggins did not file a motion for
rehearing or an extension of time to do so. See TEX. R. APP. P. 49.1, 49.8.
TOG filed a motion to dismiss the appeal, stating that TOG no longer needs or desires to
pursue its cross appeal now that the Scoggins’ appeal was dismissed. Accordingly, we grant the
motion and dismiss the appeal.
Opinion delivered October 17, 2019.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
OCTOBER 17, 2019
NO. 12-19-00291-CV
TOG HOTELS FORT WORTH, L.L.C.,
Appellant
V.
GARY DAVID SCOGGIN AND AMANDA SCOGGIN,
Appellees
Appeal from the 87th District Court
of Anderson County, Texas (Tr.Ct.No. DCCV15-039-87)
THIS CAUSE came on to be heard on the motion of the Appellant to dismiss
the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and
DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and
that the decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.