Appellants Tommy Allen Gober, Clarksville Refrigerated Lines I, Ltd., and Transport Industries, L.P., 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 appellants Deborah Miller and Harold Sonnay, have also appealed from the judgment. No party has filed an opposition or other response. 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 Tommy Allen Gober, Clarksville Refrigerated Lines I, Ltd., and Transport Industries, L.P., is severed from the appeal of Deborah Miller and Harold Sonnay and dismissed. Tex. R. App. P. 42.1(b). All costs of the appeal of Tommy Allen Gober, Clarksville Refrigerated Lines I, Ltd., and Transport Industries, L.P. are assessed against the incurring party. The appeal of Deborah Miller and Harold Sonnay shall continue. We direct the Clerk of the Court to re-style the appeal as Deborah Miller and Harold Sonnay v. Tommy Allen Gober, Clarksville Refrigerated Lines I, Ltd., and Transport Industries, L.P.

APPEAL SEVERED AND DISMISSED.

PER CURIAM

Opinion Delivered September 9, 2004

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

1. Tex. R. App. P. 47.4.