                            NUMBER 13-07-00678-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

GERALD SANSING,                                                             Appellant,

                                           v.

DEL MAR COLLEGE,                                     Appellee.
_____________________________________________________________

  On appeal from the 319th District Court of Nueces County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

                Before Justices Yañez, Rodriguez, and Vela
                    Memorandum Opinion Per Curiam

      Appellant, Gerald Sansing, has filed an unopposed motion to dismiss his appeal of

his claims against Del Mar College, and, pursuant to Texas Rule of Appellate Procedure

42.1(a), moves to dismiss Del Mar College from this suit, with each party to bear its own

appellate costs and attorney’s fees.
       Texas Rule of Appellate Procedure 42.1 allows this Court to dismiss an appeal

unless disposition would prevent a party from seeking relief to which it would otherwise be

entitled. See TEX . R. APP. P. 42.1(a)(1). In addition, Rule 42.1 expressly allows for a

severance on appeal to dispose of a severable portion of the proceeding if a severance will

not prejudice the remaining parties. See id. 42.1(b).

       The Court, having considered the documents on file and appellant’s unopposed

motion to dismiss his appeal against Del Mar College, is of the opinion that the motion

should be granted. See id. 42.1(a). Appellant’s appeal against Carlos Garcia is ordered

SEVERED and will be docketed in this Court under cause number 13-08-211-CV, and will

proceed in due course.

       Appellant’s motion to dismiss his appeal against Del Mar College is hereby granted

and his appeal is DISMISSED. Each party will bear its own appellate costs and attorney’s

fees. See TEX . R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs

against the appellant.").



                                                  PER CURIAM

Memorandum Opinion delivered and
filed this the 12th day of June, 2008.




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