Union Carbide Corporation v. Jack Loftin ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-08-061 CV ____________________

UNION CARBIDE CORPORATION, ET AL., Appellants

V.

JACK LOFTIN, ET AL., Appellees

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On Appeal from the 128th District Court Orange County, Texas Trial Cause Nos. A-070037-C; AC; BC; CC; DC; EC

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MEMORANDUM OPINION

CNA Holdings, Inc., Celanese Ltd., Celanese International Corporation, Hoechst Celanese Chemicals, Inc., (n/k/a Celanese International Corporation and sued as Hoechst Celanese Chemical, Inc.) and Celanese Americas Corporation filed a motion to dismiss their appeal as to Gerald Diaz and Deborah Diaz. CNA Holdings, Inc., Celanese Ltd., Celanese International Corporation, Hoechst Celanese Chemicals, Inc., n/k/a Celanese International Corporation and Celanese Americas Corporation wish to maintain their accelerated appeal of the denial of their motions to transfer venue as to all of the other plaintiffs in the underlying suit. Other parties also filed notice of appeal but have not joined the motion to dismiss filed by CNA Holdings, Inc., Celanese Ltd., Celanese International Corporation, Hoechst Celanese Chemicals, Inc., n/k/a Celanese International Corporation and Celanese Americas Corporation. The motion is voluntarily made by these appellants prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No party filed an objection to the motion to dismiss filed by CNA Holdings, Inc., Celanese Ltd., Celanese International Corporation, Hoechst Celanese Chemicals, Inc., n/k/a Celanese International Corporation and Celanese Americas Corporation. The motion to dismiss is granted and the appeals of CNA Holdings, Inc., Celanese Ltd., Celanese International Corporation, Hoechst Celanese Chemicals, Inc., n/k/a Celanese International Corporation and Celanese Americas Corporation are dismissed as to Gerald Diaz and Deborah Diaz. The appeals by CNA Holdings, Inc., Celanese Ltd., Celanese International Corporation, Hoechst Celanese Chemicals, Inc., n/k/a Celanese International Corporation and Celanese Americas Corporation of the denial of their motions to transfer venue as to all other plaintiffs in the underlying suit shall continue. The appeal remains on the Court's active docket. Except as to parties whose appeals were discontinued by Memorandum Opinion delivered April 3, 2008, the appeal shall proceed as to all parties that filed notice of appeal.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered June 5, 2008

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