Joey P. DeHart D/B/A American Trench v. Unifirst Corporation ( 2003 )

Form: Dismiss TRAP 42.1(a)(1)

  COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOEY DEHART D/B/A AMERICAN TRENCH, Appellant, v. UNIFIRST CORPORATION, Appellee.

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No. 08-03-00137-CV Appeal from the 394th Judicial District Court of Brewster County, Texas (TC# 2000-10-B7603-CV)

M E M O R A N D U M O P I N I O N

Pending before the Court is the Appellant's motion to dismiss this appeal pursuant to Tex. R. App. P. 42.1(a)(1), which states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

. . .

The Appellant has complied with the requirements of Rule 42.1(a)(1). The Court has considered this cause on the Appellant's motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.  

December 4, 2003

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RICHARD BARAJAS, Chief Justice

  Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.