MEMORANDUM OPINION

Madeline YORFINO, Individually and as Personal Representative of the Estate of Joseph R. Yorfino, Sr., Deceased, Joseph R. Yorfino, Jr., Individually, Stella Duffy, Individually, and Henrietta S. Guerra, Individually and as Representative of the Estate of Daniel Guerra, Jr., Deceased, and Brandi N. Guerra, Jonathan S. Guerra, and Christopher E. Guerra,

Henrietta S. Guerra, Individually and as Representative of the Estate of Daniel Guerra, Jr., Deceased, and Brandi N. Guerra, Jonathan S. Guerra, and Christopher E. Guerra,

Cross-Appellants

v.

Sterling Truck Corporation,

Cross-Appellee

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: May 20, 2009

DISMISSED IN PART

04-08-00090-CV

Appellants have filed a motion for partial dismissal of appeal, in which they assert that they have entered into an agreement with appellees Madeline Yorfino, Individually and as Personal Representative of the Estate of Joseph R. Yorfino, Sr., Deceased, Joseph Yorfino, Jr., Individually, and Stella Duffy, Individually to resolve all claims and causes of actions pending between them in this case. Appellants ask this court to dismiss their appeal as to their claims against appellees Madeline Yorfino, Individually and as Personal Representative of the Estate of Joseph R. Yorfino, Sr., Deceased, Joseph Yorfino, Jr., Individually, and Stella Duffy, Individually.

The motion is granted, and we dismiss appellees Madeline Yorfino, Individually and as Personal Representative of the Estate of Joseph R. Yorfino, Sr., Deceased, Joseph Yorfino, Jr., Individually, and Stella Duffy, Individually. See Tex. R. App. P. 42.1(b), 43.2(f). This case shall hereafter be styled "Eliazar Ruiz and G.E.M. Materials, Inc. v. Henrietta S. Guerra, Individually and as Representative of the Estate of Daniel Guerra, Jr., Deceased, and Brandi N. Guerra, Jonathan S. Guerra, and Christopher E. Guerra." Cross-appellants' claims against Sterling Truck Corporation are also still pending before this court.

Appellants Eliazar Ruiz and G.E.M. Materials, Inc. shall pay all costs of this appeal relative to appellees Madeline Yorfino, Individually and as Personal Representative of the Estate of Joseph R. Yorfino, Sr., Deceased, Joseph Yorfino, Jr., Individually, and Stella Duffy, Individually. See Tex. R. App. P. 42.1(d).

PER CURIAM