Kamal Alavi v. MCI Worldcom Network Services, Inc. and Bryan L. Engle

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-364-CV ____________________

KAMAL ALAVI, ET AL., Appellants

V.

MCI WORLDCOM NETWORK SERVICES, INC. AND BRYAN L. ENGLE, Appellees

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On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 00-05-03124-CV

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MEMORANDUM OPINION

Appellants, the Kamal Alavi 1999 Grantor Retained Annuity Trust, Alavi Investments, Ltd., Alavi Holdings, the Irandohkt Alavi 1999 Grantor Retained Annuity Trust, the Kamal Alavi Family Trust, and the Irandohkt Alavi Family Trust, have filed a motion to dismiss their appeal. The Court finds that this motion is voluntarily made by the appellants through their attorney of record prior to any decision of this Court. Tex. R. App. P. 42.1(a)(1). The Court finds that appellant Kamal Alavi also appealed from the judgment. The appellees joined the motion, and no party has filed an opposition. It appears that the motion affects a severable portion of the appeal.

It is therefore ordered that the motion to dismiss be granted. The appeal of the Kamal Alavi 1999 Grantor Retained Annuity Trust, Alavi Investments, Ltd., Alavi Holdings, the Irandohkt Alavi 1999 Grantor Retained Annuity Trust, the Kamal Alavi Family Trust, and the Irandohkt Alavi Family Trust, is severed from the appeal of Kamal Alavi, Individually, and dismissed. Tex. R. App. P. 42.1(b). All costs of the appeal of the dismissed parties are assessed against the incurring party. The appeal of Kamal Alavi, Individually, shall continue. We direct the Clerk of the Court to re-style the appeal as Kamal Alavi v. MCI Worldcom Network Services, Inc. and Bryan L. Engle.

APPEAL SEVERED AND DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered August 24, 2006

Before McKeithen, C.J., Gaultney and Horton, JJ.