                            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.




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