
In The


Court of Appeals


Ninth District of Texas at Beaumont


____________________


NO. 09-04-121 CV

____________________


FRITZ INDUSTRIES, INC., Appellant


V.


ORANGE COUNTY BUILDING MATERIALS, INC.,

ORANGE COUNTY FLOORING COMPANY, INC., 

H.B. NEILD & SONS, INC., AND LEE WRIGHT, INC., Appellees




On Appeal from the 163rd District Court
Orange County, Texas

Trial Cause No. B-020119-C




MEMORANDUM OPINION (1)
	Fritz Industries, Inc., appellant, filed a motion to dismiss this appeal with prejudice. 
The Court finds that this motion is voluntarily made by the appellant prior to any decision
of this Court and should be granted.  Tex. R. App. P. 42.1(a)(1).  No other party filed a
notice of appeal.

	It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is
therefore DISMISSED.  Costs are assessed against the incurring party.
										PER CURIAM

Opinion Delivered April 22, 2004 
Before McKeithen, C.J., Burgess and Gaultney, JJ.
1. Tex. R. App. P. 47.4.
