Burnice Joe Birdo v. Jack M. Garner, et al.--Appeal from 52nd District Court of Coryell County

State: Texas

Court: Texas Northern District Court

Docket No: 10-94-00253-CV

Case Date: 09/14/1994

Plaintiff: Burnice Joe Birdo

Defendant: Jack M. Garner, et al.--Appeal from 52nd District Court of Coryell County

Preview:Burnice Joe Birdo v. Jack M. Garner, et al.--Appeal from 52nd District Court of Coryell County
Birdo v. Garner et al /**/ IN THE TENTH COURT OF APPEALS

No. 10-94-253-CV

BURNICE JOE BIRDO, Appellant v.

JACK M. GARNER, ET AL., Appellees

From the 52nd District Court Coryell County, Texas Trial Court # 28,739

MEMORANDUM OPINION

Appellant has filed a request that the above appeal be dismissed with prejudice. Appellant's suit in the trial court, filed under Chapter 13 of the Texas Civil Practice and Remedies Code, was dismissed by the trial court as frivolous, malicious, and with no arguable basis in law or fact. Appellant now states in his motion to dismiss that he has decided to "try harder" to work out his differences with unit officials by means other than litigation. Appellant's motion is granted and the appeal is dismissed with prejudice. PER CURIAM

Before Chief Justice Thomas,

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Justice Cummings, and Justice Vance Dismissed Opinion delivered and filed September 14, 1994 Do not publish

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