William Earl Cunningham v. D. Brock ( 2000 )

William Earl Cunningham v. D. Brock, et al

  IN THE

TENTH COURT OF APPEALS

No. 10-00-092-CV

     WILLIAM EARL CUNNINGHAM,

                                                                              Appellant

     v.

     D. BROCK, ET AL.,

                                                                              Appellees

From the 52nd District Court

Coryell County, Texas

Trial Court # COT-00-32856

MEMORANDUM OPINION

      William Earl Cunningham has filed a motion to dismiss his appeal. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

      Cunningham does not state in the motion why he desires to dismiss his appeal. Nevertheless, none of the appellees has objected to Cunningham’s request. Accordingly, this cause is dismissed with costs to be taxed against Cunningham.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed May 24, 2000

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