Curtis Capps and the Unknown Heirs and Publication Heirs of Alex Scott v. City of Bryan, Texas a Texas Home Rule Municipal Corporation D/B/A Bryan Texas Utilities ( 2020 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-20-00250-CV
CURTIS CAPPS AND THE UNKNOWN HEIRS AND
PUBLICATION HEIRS OF ALEX SCOTT, DECEASED, APPELLANTS
V.
CITY OF BRYAN, TEXAS, A TEXAS HOME RULE MUNICIPAL CORPORATION
D/B/A BRYAN TEXAS UTILITIES, APPELLEE
On Appeal from the 361st District Court1
Brazos County, Texas
Trial Court No. 19-000070-CV-361, Honorable Steve Smith, Presiding
November 17, 2020
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Appellants, Curtis Capps and the Unknown Heirs and Publication Heirs of Alex
Scott, deceased, appeal from the trial court’s Order Granting, in Part, and Denying, in
Part, City of Bryan’s Motion for Traditional Summary Judgment. Now pending before this
Court is “Appellants’ Joint Motion to Voluntarily Dismiss Appeal.” The Court finds the
1
Originally appealed to the Tenth Court of Appeals, this case was transferred to this Court by the
Texas Supreme Court pursuant to its docket equalization efforts. TEX. GOV’T CODE ANN. § 73.001 (West
2013).
motion complies with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that
granting the motion will not prevent any party from seeking relief to which it would
otherwise be entitled. As no decision of the Court has been delivered to date, we grant
the motion. The appeal is dismissed. Pursuant to the motion, costs will be taxed against
Appellants. TEX. R. APP. P. 42.1(d). No motion for rehearing will be entertained and our
mandate will issue forthwith.
Per Curiam
2