Ludwig v. Enserch Corp.

OPINION

On this day the Court considered the motion of appellee to dismiss this appeal for want of jurisdiction, filed December 13, 1991, the response and motion of appellants to deem this appeal timely filed and for extension of time to file cash deposit in lieu of appeal bond, filed December 20, 1991, and appellee’s reply and response, filed January 8, 1992.

On September 30, 1991, appellants, plaintiffs below, filed their third amended petition, naming only appellee Enserch Corporation as a defendant party. An amended petition, by omitting a defendant, operates to voluntarily dismiss that…