13-03-487-CV

13-03-595-CV

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SUPERHEAT AIR BALANCING CO., INC. AND

AMERICAN STANDARD, INC., INDIVIDUALLY

AND D/B/A TRANE AND/OR TRANE COMMERCIAL

SYSTEMS GROUP, Appellants,

BROWNSVILLE INDEPENDENT SCHOOL DISTRICT, Appellee.

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Opinion

Appellants, SUPERHEAT AIR BALANCING CO., INC. AND AMERICAN STANDARD, INC., INDIVIDUALLY AND D/B/A TRANE AND/OR TRANE COMMERCIAL SYSTEMS GROUP, perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 2003-08-4013-C. After the notice of appeal was filed, appellant, American Standard, Inc., individually and d/b/a Trane and/or Trane Commercial Systems Group, filed a motion to dismiss its appeal.

Having considered appellant's motion to dismiss the appeal and the documents on file, this Court is of the opinion that the motion should be granted. The motion to dismiss the appeal of appellant, American Standard, Inc., individually and d/b/a Trane and/or Trane Commercial Systems Group, is hereby granted. The appeal of appellant, American Standard, Inc., individually and d/b/a Trane and/or Trane Commercial Systems Group, is ordered DISMISSED. The appeal as to appellant, American Standard, Inc., Individually and d/b/a Trane and/or Trane Commercial Systems Group, and Appellee, Brownsville Independent School District, is severed from the original appeal and is docketed under cause number 13-03-595-CV.

The remaining issues in the appeal will remain docketed under cause number 13-03-487-CV.

PER CURIAM

Opinion delivered and filed this

the 9th day of October, 2003.