John Galioto v. Higher Education Servicing Corporation and New Mexico Educational Assistance Foundation ( 2014 )

DISMISS; and Opinion Filed June 4, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00357-CV JOHN GALIOTO, Appellant V. HIGHER EDUCATION SERVICING CORPORATION AND NEW MEXICO EDUCATIONAL ASSISTANCE FOUNDATION, Appellees On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-05947-C MEMORANDUM OPINION Before Justices Moseley, O’Neill, and FitzGerald Opinion by Justice O’Neill This is an appeal from an order denying a special appearance. By motion filed May 27, 2014, appellant requests we dismiss the appeal, explaining appellees filed a notice of non-suit in the trial court dismissing him as a defendant. We grant the motion and dismiss the appeal. TEX. R. APP. P. 42.1(a). /Michael J. O'Neill/ MICHAEL J. O'NEILL JUSTICE 140357F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHN GALIOTO, Appellant On Appeal from the 68th Judicial District Court, Dallas County, Texas No. 05-14-00357-CV V. Trial Court Cause No. DC-13-05947-C. Opinion delivered by Justice O’Neill. HIGHER EDUCATION SERVICING Justices Moseley and FitzGerald CORPORATION AND NEW MEXICO participating. EDUCATIONAL ASSISTANCE FOUNDATION, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that each party bear its own costs of this appeal. Judgment entered this 4th day of June, 2014. /Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE –2–