Dismissed and Memorandum Opinion filed May 5, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00063-CV

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JOHN DAVID TATE , Appellant/Cross-Appellee

V.

BAYLOR COLLEGE OF MEDICINE, Appellee/Cross-Appellant

On Appeal from the 129th  District Court

 Harris County, Texas

Trial Court Cause No. 00‑47325

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed October 4, 2004.

On March 24, 2005, this Court ordered dismissed the appeal filed by John David Tate.   On April 22, 2005, cross-appellant Baylor College of Medicine filed a motion to dismiss its cross-appeal because it does not desire to pursue its cross-appeal given the dismissal of John David Tate=s appeal.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the cross-appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 5, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.