Henry Rawson Jr and Susan Rawson v. Oxea Corporation and Dashiell Corporation

Memorandum Order issued June 28, 2016

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-15-01005-CV ———————————

HENRY RAWSON, JR. AND SUSAN RAWSON, Appellants V.

OXEA CORPORATION, DASHIELL CORPORATION, AND

MUNDY MAINTENANCE AND SERVICES, LLC, Appellees

On Appeal from the 190th District Court Harris County, Texas

Trial Court Case No. 2015-07842

MEMORANDUM ORDER

Appellants, Henry Rawson, Jr. and Susan Rawson, have filed a motion to dismiss their appeal against appellee Mundy Maintenance and Services, LLC, stating that they have settled this personal injury action against them, and further request that this Court assess costs against the party that incurred them. See TEX. R. APP. P. 42.1(a)(1), (d). Appellants state that this motion does not affect the status of their appeal against appellees Oxea Corporation and Dashiell Corporation.

While there is no certificate of conference with the motion to dismiss, the motion contains a certificate of service on counsel for all three appellees, the motion has been on file with this Court for more than ten days, and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal and no opinion has issued. See id. 42.1(a)(1), (c).

CONCLUSION

Accordingly, we grant the motion and dismiss the appeal against Mundy Maintenance and Services, LLC, with costs to be taxed against the party who incurred the same upon issuance of this Court’s judgment. See TEX. R. APP. P. 42.1(a)(1), (d), 43.2(f). The appeal against appellees Oxea Corporation and Dashiell Corporation remains pending. See id. 42.1(b).

PER CURIAM

Panel consists of Justices Higley, Bland, and Massengale.