Court of Civil Appeals of Texas, 2004

Fritz Industries, Inc. v. Orange County Building Materials, Inc., Orange County Flooring Company, Inc., H.B. Neild & Sons, Inc. and Lee Wright, Inc.

Court of Civil Appeals of Texas · Decided April 22, 2004

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-04-121 CV

____________________

FRITZ INDUSTRIES, INC., Appellant

ORANGE COUNTY BUILDING MATERIALS, INC.,

ORANGE COUNTY FLOORING COMPANY, INC.,

H.B. NEILD & SONS, INC., AND LEE WRIGHT, INC., Appellees

On Appeal from the 163rd District Court

Orange County, Texas

Trial Cause No. B-020119-C

MEMORANDUM OPINION⁽¹⁾

Fritz Industries, Inc., appellant, filed a motion to dismiss this appeal with prejudice. The Court finds that this motion is voluntarily made by the appellant prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No other party filed a notice of appeal.

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED. Costs are assessed against the incurring party.

PER CURIAM

Opinion Delivered April 22, 2004

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

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

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