Daniel D. Clayton, City of Beaumont, Becky Ames, Joseph Majdalanil, Pamela Dodson, and Troy Dodson v. Oldcastle Materials Texas, Inc. ( 2018 )

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
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The City of Beaumont filed a notice of appeal that included its unidentified
employees, unidentified agents or unidentified representatives, and certain
unidentified personnel.
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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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