                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-18-00063-CV
                           ____________________

DANIEL D. CLAYTON, CITY OF BEAUMONT, BECKY AMES, JOSEPH
 MAJDALANI, PAMELA DODSON, AND TROY DODSON, Appellants

                                        V.

             OLDCASTLE MATERIALS TEXAS, INC., Appellee
________________________________________________________________________

                   On Appeal from the 172nd District Court
                          Jefferson County, Texas
                         Trial Cause No. E-200,934
________________________________________________________________________

                          MEMORANDUM OPINION

      The City of Beaumont, 1 Mayor Becky Ames, and Dr. Joseph Majdalani, filed

an agreed motion to dismiss their accelerated appeal from the denial of their motion

to dismiss under the Texas Citizens Participation Act. See Tex. Civ. Prac. & Rem.

Code Ann. § 51.014(a)(12) (West Supp. 2017). Additionally, they request that the


      1
        The City of Beaumont filed a notice of appeal that included its unidentified
employees, unidentified agents or unidentified representatives, and certain
unidentified personnel.
                                         1
stay of all proceedings in the trial court be lifted as to the City of Beaumont, Mayor

Becky Ames, and Dr. Joseph Madjalani, so that the trial court may sever and dismiss

the action against them in accordance with the parties’ settlement agreement. See id.

§ 51.014(b). No objection has been filed.

      We grant the motion and dismiss the accelerated appeal of the City of

Beaumont, Mayor Becky Ames, and Dr. Joseph Majdalani. See Tex. R. App. P.

42.1(a)(1). The stay of all trial court proceedings is lifted as to the City of Beaumont,

Mayor Becky Ames, and Dr. Joseph Majdalani. The accelerated appeal shall

continue as to the remaining appellants, Daniel D. Clayton, Pamela Dodson d/b/a

L.D. Construction, and Troy Dodson. See Tex. R. App. P. 42.1(b). The style of the

appeal is modified to Daniel D. Clayton, Pamela Dodson, and Troy Dodson v.

Oldcastle Materials Texas, Inc.

      APPEAL DISMISSED IN PART.


                                                      PER CURIAM



Submitted on May 31, 2018
Opinion Delivered August 30, 2018

Before Kreger, Horton, and Johnson, JJ.




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