Redcom Laboratories, Inc. v. Fiber Wave Telecom, Inc.

98211CV.White,Herman.fgm.ab.dism

  IN THE

TENTH COURT OF APPEALS

No. 10-99-049-CV

     REDCOM LABORATORIES, INC.,

                                                                                   Appellant

     v.

     FIBER WAVE TELECOM, INC.

     AND BRAZOS BANK,

                                                                                   Appellees

From the 249th District Court

Johnson County, Texas

Trial Court # 249-95-98

MEMORANDUM OPINION

      Appellant Redcom Laboratories, Inc. has filed a motion to dismiss this appeal. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

      Redcom’s motion to dismiss contains a certificate of conference which states that Appellees do not oppose the motion. See id. 10.3(a)(2). Accordingly, this cause is dismissed with costs to be taxed against Appellant.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed

Opinion delivered and filed March 4, 1999

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See

Tex. Dep't Corrections, Inmate Grievances (Inst. Div. January 1988). One of the remedies is "correction of records." Id. Because Ellis failed to exhaust his administrative remedies, the court did not abuse its discretion in dismissing his suit. Pedraza v. Tibbs, 826 S.W.2d 695, 699 (Tex. App.—Houston [1st Dist.] 1992, writ dism'd w.o.j.).

      We affirm the judgment.

                                                                                 BILL VANCE

                                                                                 Justice

Before Chief Justice Thomas,

          Justice Cummings, and

          Justice Vance

Affirmed

Opinion delivered and filed September 13, 1995

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