Martin Barnes, Maxie Gable, and George Persley v. BNSF Railway Company ( 2010 )

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-329-CV MARTIN BARNES, MAXIE GABLE, APPELLANTS AND GEORGE PERSLEY V. BNSF RAILWAY COMPANY APPELLEE ---------- FROM THE 348TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered “Appellants’ Amended Motion To Dismiss.” Although appellee BNSF Railway Company opposes appellants’ motion, appellee has not filed a notice of appeal. See Tex. R. App. P. 25.1(c). Accordingly, it is the court’s opinion that “Appellants’ Amended Motion To Dismiss” should be granted; therefore, we dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f). 1  See Tex. R. App. P. 47.4. Costs of the appeal shall be paid by appellants, for which let execution issue. See Tex. R. App. P. 42.1(d). PER CURIAM PANEL: WALKER, MCCOY, and MEIER, JJ. DELIVERED: February 25, 2010 2