NUMBER 13-09-00701-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ GERALD D. SHEETS, Appellant, v. THE OKONITE COMPANY, Appellee. _____________________________________________________________ On appeal from the 347th District Court of Nueces County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Benavides Memorandum Opinion Per Curiam Appellee The Okonite Company (“Okonite”) has filed an unopposed motion to dismiss the appeal as to appellant Gerald D. Sheets (“Sheets”) on grounds that Sheets had all claims non-suited or otherwise dismissed against Okonite.

The Court, having considered the documents on file, is of the opinion that the motion should be granted. See TEX . R. APP. P. 42.3. Appellee’s unopposed motion to dismiss is granted, and the appeal brought by appellant Gerald D. Sheets against The Okonite Company is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM Delivered and filed the 14th day of January, 2010.