Larry Palmer v. Stelco Industries ( 2023 )

IN THE
TENTH COURT OF APPEALS
No. 10-23-00158-CV
LARRY PALMER,
Appellant
v.
STELCO INDUSTRIES,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 101356
MEMORANDUM OPINION
Appellant Larry Palmer’s Unopposed Motion to Dismiss Appeal was filed on
August 29, 2023. Appellant asserts that he “no longer desires to prosecute this action”
and moves to dismiss the appeal. Appellee Stelco Industries is not opposed to the motion.
Accordingly, appellant’s motion to dismiss is granted. TEX. R. APP. P. 42.1(a)(1).
Because appellee does not oppose appellant’s motion, which requests that “all costs to be
borne by the party incurring same,” we order that costs of this proceeding are taxed
against the party incurring same. See id. at R. 42.1(d) (“Absent agreement of the parties,
the court will tax costs against the appellant.”).
STEVE SMITH
Justice
Before Chief Justice Gray,
Justice Johnson,
and Justice Smith
Appeal dismissed
Opinion delivered and filed September 21, 2023
[CV06]
Palmer v. Stelco Indus. Page 2