Air Glacier Systems, Inc. v. Dixie Paper Company, Inc. ( 2007 )

DISMISSAL FORM FOR CRIMINAL CASES ON ANT'S MOTION/OR WD NOA

                                NO. 12-07-00409-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

AIR GLACIER SYSTEMS, INC.,  §          APPEAL FROM THE

APPELLANT

V.        §          COUNTY COURT AT LAW NO. 3 OF

DIXIE PAPER COMPANY, INC.

APPELLEE  §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant has filed a motion to abate or alternatively to dismiss this appeal. A copy of the motion has been sent to all counsel of record.  In its motion, Appellant states that the order appealed from, an order granting a partial summary judgment in favor of Appellee, is not a final judgment and there is no exception permitting an interlocutory appeal of the order. Appellant further states that Appellee has filed a motion to sever, which Appellant has contested, but the motion has not been heard.  Appellant does not allege that a hearing date has been set on the motion and does not provide a date by which it anticipates the motion to sever will be considered by the trial court.  Accordingly, the motion is granted as to dismissal of the appeal, and the appeal is dismissed without prejudice to refiling.

Opinion delivered December 12, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)